Introduction:
The applicants brought judicial proceedings seeking recognition of Italian citizenship as descendants of an Italian citizen born in Liguria in the late 19th century who emigrated to Argentina without renouncing Italian citizenship. The Ministry of the Interior entered an appearance, raising procedural objections regarding standing and requesting verification of documentation, while ultimately deferring to the Court’s evaluation of the merits.
Outcome:
The Court granted the application and declared all applicants Italian citizens, ordering the Ministry of the Interior and the competent Civil Status Registrar to complete all registrations, transcriptions, annotations, and communications to the relevant consular authorities. Litigation costs were fully offset between the parties due to the particular nature of the proceedings.
Challenge:
The Ministry argued that the applicants lacked standing and suggested the need for additional evidentiary verification. The Court rejected these objections, recalling the well-established principle of the “dual track” system, which allows applicants to pursue judicial recognition without first completing an administrative procedure. The Court also acknowledged the widespread backlog affecting Italian consulates abroad, noting that such delays effectively prevent applicants from exercising their rights through administrative channels. Additionally, the Court addressed the 2025 reform concerning the allocation of the burden of proof in citizenship disputes, holding that these new provisions cannot apply retroactively to pending proceedings.
Action:
The legal team reconstructed the entire genealogical line through certified, translated, and apostilled records, demonstrating direct descent from the Italian ancestor and the absence of any renunciation or naturalization interrupting the transmission of citizenship. Applying consolidated Supreme Court Joint Sections precedent (2022), the Court confirmed that citizenship by descent is permanent, imprescriptible, and enforceable at any time, and therefore ordered formal recognition.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.