Introduction:
In this case, the Court of Naples examined a petition filed by foreign applicants seeking recognition of Italian citizenship by descent from an Italian-born ancestor who emigrated abroad. The applicants reconstructed the genealogical line through official civil-status documentation, demonstrating uninterrupted descent across successive generations. The descendants had acquired foreign citizenship at birth under the principle of jus soli, while maintaining their claim to Italian citizenship through their Italian family line.
Outcome:
The Court granted the application and declared the petitioners 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, as well as the necessary communications to the competent consular authorities. Legal costs were fully offset between the parties.
Challenge:
As a preliminary matter, the Court confirmed its jurisdiction under the rules introduced by the 2022 reform concerning citizenship proceedings involving applicants residing abroad. Jurisdiction was established by reference to the place of birth of the Italian ancestor. On the merits, the Court examined the impact of Law No. 74/2025, which converted Decree-Law No. 36/2025 and introduced new restrictions on the recognition of citizenship for persons born abroad who hold another nationality. The key question was whether the applicants satisfied one of the exceptions expressly preserved by the new legislation.
Action:
After reviewing the documentary evidence, the Court found that the requirements of Article 3-bis of Law No. 74/2025 had been met. In particular, the case fell within the exception applicable where a first- or second-degree ascendant possessed, or possessed at the time of death, exclusively Italian citizenship. Having verified the existence of this condition and the continuity of the family line, the Court concluded that the applicants remained entitled to recognition of Italian citizenship jure sanguinis notwithstanding the restrictions introduced by the 2025 reform. Citizenship was therefore recognized and the competent authorities were ordered to complete all required civil-status registrations.
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