Introduction:
In this case, the Court of L’Aquila examined an application filed by foreign descendants seeking recognition of Italian citizenship by descent from an Italian-born ancestor who emigrated to the United States. The applicants reconstructed their genealogical line through official civil-status documentation and demonstrated that the Italian ancestor later became a naturalized U.S. citizen only after the birth of the first descendant in the transmission line. The Ministry of the Interior, although duly notified, did not appear in the proceedings.
Outcome:
The Court granted the application and declared the applicants entitled to recognition of Italian citizenship. It ordered the Ministry of the Interior and the competent Civil Status Registrar to carry out all registrations, transcriptions, and annotations required by law, including communications to the competent consular authorities. Litigation costs were declared non-recoverable.
Challenge:
As a preliminary matter, the Court addressed the admissibility of the judicial action. While citizenship recognition generally falls within the competence of administrative authorities, the Court reiterated that judicial protection becomes available when the administration fails to act within a reasonable timeframe. Referring to well-known consular backlogs, sometimes extending for many years, the Court confirmed that prolonged administrative inactivity creates a legitimate interest in seeking judicial relief. The Court also clarified that the proceedings had been initiated before 27 March 2025 and were therefore governed by the legal framework in force before the amendments introduced by Decree-Law No. 36/2025.
Action:
After reviewing the documentary evidence, the Court found that the applicants had successfully proven both their descent from the Italian ancestor and the uninterrupted transmission of citizenship through the family line. The evidence showed that the ancestor’s naturalization occurred only after the birth of the descendant through whom citizenship was transmitted and after that descendant had already reached adulthood. Consequently, the naturalization had no effect on the continuity of citizenship transmission.
The Court further noted that the subsequent generations acquired U.S. citizenship solely by birth under the principle of jus soli and that no evidence emerged of any voluntary renunciation of Italian citizenship by any ascendant.
Reaffirming the principles established by the Supreme Court, the Court held that applicants seeking recognition of citizenship need only prove the original acquisition event and the genealogical line of transmission, while the burden of proving any interruptive event rests with the State. Since no interruption was established, the Court recognized the applicants’ right to Italian citizenship jure sanguinis.
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