Introduction:
In this case, the Court of L’Aquila examined an application filed by foreign descendants seeking recognition of Italian citizenship by descent from an Italian-born ancestor who emigrated to the United States. The applicants reconstructed their genealogical line through civil-status records and demonstrated both their direct descent from the Italian ancestor and the continuity of citizenship transmission across generations. The Court noted that the proceedings had been initiated before the entry into force of Decree-Law No. 36/2025 and therefore had to be assessed under the legal framework previously in force.
Outcome:
The Court granted the application and recognized the applicants’ status as Italian citizens. It ordered the Ministry of the Interior, through the competent Civil Status Registrar, to carry out all registrations, transcriptions and annotations required by law, including communications to the relevant consular authorities. Litigation costs were declared non-recoverable.
Challenge:
A central issue concerned the admissibility of the judicial action. The Court observed that citizenship recognition ordinarily falls within the competence of the Public Administration. However, where administrative authorities fail to act within a reasonable time, judicial protection becomes available. Referring to established case law concerning waiting times at Italian consulates abroad, often extending for many years, the Court reaffirmed that prolonged administrative inactivity creates a legitimate interest in bringing judicial proceedings. In the present case, the applicants had already submitted requests through the administrative channels and demonstrated the existence of substantial delays. The Court also reaffirmed that citizenship acquired by birth through jure sanguinis is permanent, imprescriptible and may be asserted at any time through judicial proceedings.
Action:
After reviewing the documentary evidence, the Court found that the applicants had successfully proven both the acquisition event and the uninterrupted line of descent from the Italian ancestor. The evidence further established that the ancestor had never lost Italian citizenship and that no ascendant had voluntarily renounced it.
Particular significance was given to the principle established by the Italian Supreme Court according to which a claimant seeking recognition of citizenship is required only to prove the original acquisition of citizenship and the line of transmission. Any allegation that citizenship was lost or interrupted must instead be proven by the opposing party.
Since no interruptive event was established and the continuity of citizenship transmission was fully documented, the Court concluded that all legal requirements had been satisfied and granted recognition of Italian citizenship jure sanguinis.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.