Acquisition of Italian Citizenship through Judicial Proceedings
Judicial proceedings for the recognition of Italian citizenship originated from the so-called “1948 cases”, intended to remedy gender-based discrimination in the transmission of citizenship. Over time, this judicial path has evolved into a legitimate legal remedy against the persistent “infinite waiting lists” at Italian consulates. With the entry into force of Law No. 74/2025 (the Tajani Law), the debate has expanded to encompass potential issues of unconstitutionality, paving the way for new legal interpretations and defense strategies. Since the administrative route has been restricted rather than restructured, a significant increase in the judicialization of Italian citizenship applications is anticipated.
1. Introduction
Judicial proceedings for the recognition of Italian citizenship originated from the so-called “1948 cases”, intended to remedy gender-based discrimination in the transmission of citizenship. Over time, this judicial path has evolved into a legitimate legal remedy against the persistent “infinite waiting lists” at Italian consulates.
With the entry into force of Law No. 74/2025 (the Tajani Law), the debate has expanded to encompass potential issues of unconstitutionality, paving the way for new legal interpretations and defense strategies. Since the administrative route has been restricted rather than restructured, a significant increase in the judicialization of Italian citizenship applications is anticipated.
2. Procedure and Jurisdiction
Proceedings for the judicial recognition of Italian citizenship are conducted exclusively before Italian courts, without requiring the descendant of the Italian ancestor (Avo) to travel from abroad.
Applicants residing outside Italy must execute a Power of Attorney (PoA) in favor of a lawyer qualified to practice in Italy, who will represent them throughout the judicial process. As of 2025, Italian jurisprudence authorizes the submission of such powers in the original language of the grantor, without the obligation of translation into Italian.
Territorial jurisdiction depends on the applicant’s residence:
- Applicants residing abroad: the petition must be lodged with the court (Tribunale) having jurisdiction over the Comune (municipality) of birth of the Italian ancestor (Avo).
- Applicants residing or domiciled in Italy: the petition must be filed with the court of the applicant’s place of residence.
The parties to the proceedings are the petitioner (future Italian citizen) and the State Administration, represented by the Ministry of the Interior. In certain cases, the Public Prosecutor’s Office (Pubblico Ministero) may also intervene.
3. Stages of the Judicial Process
The process commences with the electronic filing of the petition (ricorso) and supporting documentation before the competent court. All documents are scanned and submitted digitally, together with the petition setting out the factual and legal grounds of the claim.
Upon receipt, the court issues a certified electronic acknowledgment (PEC) and assigns a case number, enabling the parties to monitor the proceedings online, including via mobile applications.
The court subsequently schedules a hearing, during which the judge examines the documentation and the legal arguments advanced by counsel. Additional information or documentation may be requested, particularly in complex cases.
Prior to the Tajani Decree, certain ideological or doctrinal trends led some judges to require supplementary proof of a “genuine link” with Italy. In recent years, however, the Ministry of the Interior, acting through the Avvocatura dello Stato (State Legal Service), has assumed a more active role by filing regular objections.
The Italian Constitutional Court, in Judgment No. 142/2025 (31 July 2025), curtailed such tendencies and reaffirmed the fundamental principle that Italian citizenship is acquired automatically by jus sanguinis (by descent). The Court emphasized that citizenship constitutes an original, imprescriptible, and inalienable right.
Accordingly, when documentary evidence conclusively establishes the bloodline connection and no legal impediments exist, recognition of citizenship cannot lawfully be denied.
4. Duration and Legal Effects of the Judgment
In theory, as the procedure does not entail complex evidentiary stages, decisions should be rendered within relatively short timeframes. Nonetheless, a growing backlog in certain courts—particularly Venice—and the referral of constitutional questions to the Constitutional Court have led to significant delays.
Pending constitutional challenges to the Tajani Law may further affect the timing of proceedings. A ruling from the Constitutional Court is expected in March 2026. Should the Court declare the law unconstitutional, such a decision would have immediate and automatic effect, expediting subsequent cases—though it may also prompt an increase in new filings and, consequently, longer hearing schedules.
5. Notification and Enforcement
Once judgment is rendered, the applicant’s lawyer must serve notice upon the Ministry of the Interior, which has 30 days to appeal (or 180 days if the judgment is not formally notified).
In the absence of an appeal, the judgment becomes final and binding (passata in giudicato), and the applicant may request the relevant certificate. The court then orders registration of the judgment with the competent Comune, which must complete transcription within 180 days. This phase can be managed directly by the applicant’s lawyer, expediting completion.
Following final transcription, the applicant is formally and legally recognized as an Italian citizen. The Comune issues an Italian Citizenship Certificate, which serves as the official instrument of recognition and entitles the holder to exercise fully the rights associated with Italian nationality.