Introduction:
The Court of Salerno recently granted Italian citizenship by descent to foreign-born applicants, including a minor represented by a parent, whose direct ascendant had already been formally recognized as an Italian citizen jure sanguinis in 1996. The Ministry of the Interior appeared but did not contest the merits.
Outcome:
The Court declared all applicants Italian citizens jure sanguinis and ordered the Ministry of the Interior to carry out all required civil registry registrations and consular notifications. Legal costs were fully offset between the parties.
Challenge:
The 2025 reform does not apply, as the petition predated the new legislation. Under the prior regime, the applicant need only prove descent; the burden of proving any interruption falls on the State. Loss of citizenship requires a voluntary and explicit act, never silence or tacit conduct. No administrative prerequisite exists for bringing a citizenship claim before a judge, regardless of consular delays. Waiting times exceeding ten years at Italian consulates were noted as an additional ground for direct judicial access.
Action:
Italian citizenship acquired by birth is permanent, imprescriptible, and enforceable at any time. Where no ancestor ever renounced Italian citizenship, the right to recognition is fully established.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.