Introduction:
The petitioner, represented by Aprigliano Law Firm, sought judicial confirmation of Italian citizenship jure sanguinis through her paternal line. Her Italian-born ancestor had emigrated to the United States without ever renouncing Italian citizenship. Despite repeated attempts, the applicant was unable to secure an appointment at the Italian consulate in the U.S., where waiting lists for recognition of citizenship by descent are notoriously long.
Outcome:
On October 8, 2025, the Court of Naples , Specialized Section for Immigration and Citizenship Matters upheld the petition and declared the applicant an Italian citizen by descent. The Ministry of the Interior was ordered to register the citizenship status in the civil registry and notify the competent consular offices. The court also ordered full compensation of legal costs between the parties.
Challenge:
The key issue addressed by the court concerned jurisdiction and procedural fairness. Following Legislative Delegation Law No. 206/2021, cases filed by individuals residing abroad fall under the jurisdiction of the court corresponding to the Italian ancestor’s place of birth. The court also analyzed the unreasonable length of administrative procedures and the absence of consular availability, which effectively prevented the petitioner from exercising her right to citizenship recognition.
Action:
The Aprigliano Law Firm successfully demonstrated the applicant’s continuous line of Italian descent, supported by full documentation and compliant with Law No. 91/1992. The court emphasized that jure sanguinis citizenship is a permanent and imprescriptible status, not subject to administrative discretion or delay. By invoking Articles 1 and 2 of Law No. 91/1992 and Law No. 241/1990, as well as the principle of reasonable duration of proceedings, the firm established that judicial protection is fully justified when the administrative path becomes unreasonably inaccessible.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.