Introduction:
In this case, the Court of Palermo examined a petition filed by a foreign applicant seeking recognition of Italian citizenship by descent from an Italian ancestor born in Sicily who emigrated to the United States. The applicant reconstructed her genealogical line through multiple generations, including a maternal line, and demonstrated that the original Italian ancestor had never naturalized abroad. The application was brought before the Court due to the impossibility of obtaining recognition through administrative channels, given the excessive waiting times at the competent consulate.
Outcome:
The Court upheld the application and declared that the applicant is an Italian citizen from birth. It ordered the competent authorities to carry out all necessary registrations and transcriptions. Unlike similar cases, the Court ruled that legal costs are to be borne by the applicant.
Challenge:
The case required the Court to apply Decree-Law no. 36/2025, which introduced a general limitation on the recognition of citizenship for individuals born abroad holding another nationality, unless specific statutory conditions are met. The Court noted that the application had been filed after the deadline of 27 March 2025 and that there was no evidence of prior administrative or judicial applications within the required timeframe. It therefore proceeded to assess whether any of the statutory exceptions provided by the new legal framework could apply.
Action:
The Court found that the case fell within the exception relating to the presence of an ascendant within the first or second degree who possessed exclusively Italian citizenship, as the applicant demonstrated descent from an Italian ancestor who had never naturalized abroad. On this basis, the Court concluded that the restrictive provisions introduced by the 2025 reform did not preclude recognition and confirmed that Italian citizenship had been validly transmitted jure sanguinis, granting recognition from birth.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.