There has been a decision from the Court of L’Aquila in favor of Italian citizenship jure sanguinis.
Through the decision 260/2026, the Court confirmed a principle that is becoming increasingly relevant in Italian citizenship litigation and that is helping people obtain Italian citizenship recognition under the rules in force prior to the restrictions applicable since March 28, 2025.
In this specific decision, the Judge affirmed that, while the recognition of Italian citizenship is generally handled through administrative procedures, applicants are not required to wait indefinitely when the Government remains inactive.
According to the judgement, when the authorities fail to process a citizenship application within a reasonable timeframe, the applicant may bring the matter directly before the ordinary civil courts and seek judicial recognition of Italian citizenship.
One part of the decision is particularly noteworthy:
“After waiting for a reasonable period for the Government to take action on the application submitted by an individual gives rise to the applicant’s interest in bringing judicial proceedings in order to obtain the substantive right sought”.
The Court also expressly referred to the reality of excessively long waiting times at Italian consulates and administrative offices, recognizing that judicial proceedings may become the only effective remedy available to protect the applicant’s rights.
This is another significant confirmation that Italian citizenship jure sanguinis is not a discretionary concession, but a permanent legal status capable of judicial protection when administrative remedies prove ineffective.
Based on the same principle, other Italian Courts have recently affirmed that Italian citizenship jure sanguinis claims can be filed in Court based on the rules applicable prior to March 28, 2025, when citizenship recognition restrictions entered into force. For example, in some decisions, the Courts have affirmed that, if a person can provide evidence that they unsuccessfully tried to book an appointment with the Italian Consulate prior to March 28, 2025, the lack of appointment availability on Italian Consulates websites would allow that person to claim Italian citizenship recognition through the Court under the rules applicable prior to March 28, 2025.
Contact us to review your case specific circumstances and receive advice about options and a recommended course of action.
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