Introduction:
A group of U.S. citizens, descended from an Italian ancestor who emigrated to America, petitioned the Court of Campobasso for recognition of their Italian citizenship jure sanguinis. After years of being blocked by overburdened consular offices, they turned to the judiciary to affirm their fundamental status.
Outcome:
On May 5, 2025, the Court of Campobasso declared the applicants Italian citizens by descent. It ordered the Ministry of the Interior and relevant municipal offices to complete all registrations and notifications and awarded legal costs in favor of the petitioners.
Challenge:
Despite having well-documented lineage and making multiple attempts to file their citizenship claims through the Consulates of Italy in Chicago and Detroit, the petitioners were repeatedly blocked by long delays, some appointments were unavailable until 2026. The Ministry also sought to suspend the trial by invoking legislative changes and pending constitutional questions.
Action:
The Court dismissed all objections raised by the Ministry, affirming that the applicants were entitled to judicial recognition without first exhausting the administrative route. Citing consistent jurisprudence from the Constitutional Court and Supreme Court, the Court reinforced that citizenship acquired jure sanguinis is permanent and imprescriptible, and may be asserted at any time. The applicants submitted exhaustive, apostilled, and translated documents to prove their descent and the absence of any legal interruption in the transmission of citizenship.
For the privacy of our clients, all names are fictional, and any identifying details in the judgements have been obscured.