Italian Citizenship through Court Proceedings

Find out when it is still possible to file an appeal to obtain Italian citizenship by descent in 2026, after the 2025 reform and after the Constitutional Court’s ruling on the legitimacy of that reform.

Turning to a Court for recognition of Italian citizenship by descent is still possible, but this route has inevitably been scaled back by the 2025 Reform.

Those who have retained the requirements to apply for Italian citizenship by descent may still appeal to an Italian judge, as may those who had those requirements in the past, under the previous legislation, and who claimed citizenship in due time but were unable to have it recognised because of the extremely long waiting times at Consulates and, in some cases, Municipalities.

Since 2021, judicial jurisdiction is no longer exclusively vested in the Court of Rome, but in the Court of the district where the Italian ancestor was born.

After the reform introduced by Decree-Law No. 36/2025, converted into Law No. 74/2025, and confirmed by the Constitutional Court in March 2026, the judicial appeal has become a special remedy that can be used only where specific legal conditions are met.

Understanding whether it is still possible to obtain citizenship through the Courts now requires an in-depth analysis of the specific circumstances of each case.

What changed after the 2025 reform and after the Constitutional Court’s ruling

The 2025 reform profoundly changed the iure sanguinis system.

In particular:

• a substantive limit on generations was introduced, with only parents and grandparents being considered
• the automatic acquisition of citizenship was eliminated for most children with dual citizenship born abroad (see Italian citizenship minors abroad: 2029 deadline)
• the concept of an effective link with Italy was introduced

The full validity of the reform was confirmed when, despite strong opposition from many professionals in the field, the Constitutional Court dismissed the constitutional legitimacy challenges in March 2026.

When it is still possible to file an appeal for Italian citizenship

Despite the restrictions, an appeal before the Courts remains a valid remedy in several situations:

• Applications submitted before 27 March 2025

Administrative or judicial applications submitted by 27 March 2025:

• continue to be assessed under the old rules
• are not subject to the generational limit

In these cases, the appeal still has good prospects of success.

• Maternal line before 1948

Cases involving transmission of citizenship through the maternal line before 1948 necessarily require judicial proceedings.

No law has yet provided an administrative route for claiming citizenship through the maternal line before 1948.

• Inability to access the administrative procedure, due to Consulate inactivity or delay

If the Consulate:

• does not schedule appointments
• does not respond for a long period

it is possible to bring an appeal to obtain a decision.

The appeal remains an effective remedy against excessive delays by the public administration.

This may be considered both by those who have retained the requirements under the new legislation and by those who no longer meet them.

In both cases, it must be possible to prove the inability to secure an appointment or the long wait for the outcome of the application.

• Unlawful refusal by the Consulate or the Municipality

If the application is rejected for reasons considered questionable:

• errors in the interpretation of the legislation
• requests for documents not required by law
• arbitrary assessments

In these situations, it is possible to challenge the refusal before the Court, after assessing the legitimacy of the appeal with a lawyer.

• Incomplete documentation / errors

An appeal may be useful when:

• there are inconsistencies in the records
• there are errors in names or dates
• the genealogical line is disputed

Applications submitted before 27 March 2025

Applications for Italian citizenship submitted by 27 March 2025 at 11:59 p.m. benefit from the legislation in force before Law No. 74/2025, formerly Decree-Law No. 36/2025, thus ensuring the application of the previous rules.

In the event of excessive delays exceeding 36 months, it is possible to file an appeal before the Regional Administrative Court against the Ministry of the Interior, often accelerating the processing of the case.

Key points for appeals and applications submitted before 27 March 2025:

• Transitional regime: applications filed before 28 March 2025 are not affected by the new ius sanguinis restrictions introduced in 2025 and continue to follow Law No. 91/1992.
• Appeal procedure: if the application, especially for iure sanguinis citizenship or naturalisation, is not concluded within the prescribed time limits, it is possible to apply to the Administrative Court to prompt a decision.
• Documentation: it is essential to retain proof that the application was submitted, such as the filing receipt, PEC, or protocol number, before the deadline of 27/03/2025.
• 2025 reform: the reform limits automatic recognition to descendants up to the second generation, namely children and grandchildren of Italian citizens born in Italy, and requires proof of an effective link, but this applies only to applications submitted after that date.

For appeals against delays, the procedure requires service upon the Ministry of the Interior through the State Attorney’s Office, often leading to the application being processed even before the hearing takes place.

Maternal line before 1948

The appeal for Italian citizenship through the maternal line before 1948 is still a necessary judicial action for descendants of an Italian woman whose child was born before 1 January 1948.

Since Law No. 555/1912 did not allow transmission through the maternal line, the Italian Courts, on the basis of Supreme Court judgment No. 4466/2009, which established the right to Italian citizenship for the children of women who had lost it by marrying a foreigner before 1 January 1948, recognise the right that had been discriminated against and declare the descendants to be Italian citizens through judicial proceedings.

Key aspects of the appeal:

• Procedure: it is necessary to file an appeal before the competent Court, usually the Court of the place of birth of the Italian female ancestor, with mandatory legal representation by a lawyer.
• No need to come to Italy: the procedure is handled by the lawyer through a special power of attorney.
• Documents: these are the same as those required for the administrative route, namely birth, marriage and death certificates, duly legalised and translated.
• Timeframes: on average one year or more, depending on the Court.
• Judgment: once obtained, the judgment is sent to the Municipality for registration in the civil status records.
• Costs: legal assistance for complex appeals varies, often exceeding €1,000 to €2,000.

Current case law, including the Courts of Genoa, Turin and Messina in 2024 and 2025, confirms the right to citizenship iure sanguinis, declaring the 1948 time limit ineffective on the basis of the constitutional principles of equality.

Inability to access the administrative procedure

One of the most frequent situations concerns those who, despite having already gathered all the documentation needed for recognition of Italian citizenship by descent, were unable to submit the application by 27 March 2025 because no appointments whatsoever were available at the competent Consulate.

In these cases, it is still possible to consider an appeal before the Italian Court, but with important clarifications.

After the reform introduced by Decree-Law No. 36/2025, confirmed by the Constitutional Court in 2026, the right to citizenship can no longer be recognised automatically on the basis of descent alone.

Consequently, an appeal based on the inability to secure an appointment is no longer sufficient in itself, but must be supported by concrete proof of the objective impossibility of accessing the administrative procedure.

In particular, the appeal may be considered only if the applicant is able to prove:

• that they repeatedly attempted to book an appointment through the official channels, such as the Prenot@mi platform
• the systematic lack of availability in the period before the reform
• that they had already completed the collection of the required documents before 27 March 2025
• that they acted diligently and consistently, without delays attributable to their own conduct

Among the most relevant items of evidence are:

• screenshots of the booking system showing the lack of available appointments
• emails sent to the Consulate that received no reply or only generic responses
• full documentation already prepared, including birth certificates, marriage certificates, certificates, translations and apostilles

The key issue in these cases is proving that the failure to submit the application within the prescribed time limit was not due to the applicant, but to a genuine inability to access the consular service.

It should, however, be pointed out that, in light of recent case law and the Constitutional Court’s ruling, this type of appeal now involves a greater degree of uncertainty than in the past.

The judge will have to assess whether the concrete situation is comparable to that of someone who submitted the application within the time limit laid down by law.

For this reason, a preliminary assessment of the case is essential in order to understand whether the conditions exist for an effective and sustainable appeal.

If you are in this situation, contacting a lawyer before starting proceedings may make the difference between a well-founded appeal and an initiative that is unlikely to succeed.

What happens with delays in applications submitted at the Municipality?

A particularly important issue concerns the alternative possibility of submitting the application directly to an Italian Municipality, by establishing residence in Italy.

Unlike Consulates, access to the administrative procedure in Italy is not subject to booking systems with limited slots, but requires physical presence in the country and registration in the population registry.

If, during the procedure, the applicant residing in Italy encountered difficulties attributable to the Municipality in completing the population registration procedure, or faced concrete obstacles in registration or in the management of the application, they may still be entitled to file an appeal before the Court.

Mismanagement of applications by Italian Municipalities requires strict evidence relating to the actual impossibility of establishing residence or completing the administrative procedure.

In summary: appeal before the Court for Consulate or Municipality delays

It is possible to attempt an appeal based on:

• violation of the right of access
• impossibility not attributable to the applicant
• principle of legitimate expectation
• unreasonableness of unequal treatment

An appeal is possible only if you are able to demonstrate clearly that:

you were unable to submit the application for objective and documentable reasons

Useful evidence:

Screenshots of the booking system, Prenot@mi

• unavailability of appointments
• repeated screenshots over time

Emails to the Consulate or Municipality

• requests for appointments
• no response
• automatic replies

Statements / public reports

• known Consulate backlog
• documented waiting times

Repeated attempts

• proving continuity, rather than sporadic attempts

Documents already ready before the reform

• certificates
• translations
• apostilles

This is to prove that you were actually ready to submit the application.

The judge will have to decide whether your situation is comparable to that of someone who submitted the application before 27 March 2025.

Unlawful refusal by the Consulate or the Municipality

In the event of a refusal of Italian citizenship iure sanguinis by a Consulate or Municipality that is considered unlawful, it is possible to bring judicial proceedings to challenge the decision.

A refusal is considered unlawful when it is based on factual or legal grounds deemed to be incorrect.

Since citizenship by descent is considered an individual right, jurisdiction does not lie with the Administrative Court, but with the Ordinary Civil Court.

Common grounds for appealing an unlawful refusal

An appeal is useful when the administration rejects the application for reasons considered incorrect, such as:

• Minor issue: refusals based on the naturalisation of the parent while the ancestor was still a minor, an interpretation often challenged in Court. It may, for example, be shown that at the time of naturalisation there was no cohabitation with the minor, who had remained in Italy awaiting the transfer of the whole family. The Joint Sections of the Supreme Court will meet on 14 April 2026 specifically to discuss the minor issue.
• Formal or bureaucratic errors: mistakes in registration, minor discrepancies in names, or issues with gaps in residence that the administration was unwilling to remedy.

Appeal procedure

• Analysis of the refusal or preliminary notice of rejection: if a preliminary notice of rejection is served under Article 10-bis of Law No. 241/90, written observations may be submitted to avoid a final refusal.
• Subject matter of the appeal: the applicant must prove uninterrupted descent and that the ancestor did not naturalise abroad before the birth of the child.
• Competent authority: the appeal must be filed with the specialised immigration section of the Court of the place of birth of the Italian ascendant, namely the ancestor who emigrated.
• Nature of the action: this is an action for a declaration of Italian citizenship status. The judge examines whether the factual and legal requirements are met, including continuity of the bloodline and absence of renunciation, and, if so, declares the applicant an Italian citizen.
• Defendant: the appeal is brought against the Ministry of the Interior.

Practical aspects and timing

• Preliminary notice of rejection under Article 10-bis: before the final refusal, the authority must send a preliminary notice. It is essential to respond within 10 days to try to avoid rejection without going to Court.
• Enforceability: judgments establishing citizenship are generally enforceable, requiring the Civil Status Officer to carry out the necessary registrations in the civil registers.

When does the Administrative Court become involved?

The involvement of the Administrative Court in iure sanguinis cases may be sought where the refusal is a final administrative act and the intention is to challenge its strictly bureaucratic legality, rather than the right deriving from descent itself.

It is possible to file an appeal before the Regional Administrative Court of Lazio within 60 days, especially in cases where the procedural deadline has been breached.

• Jurisdiction: the Administrative Court deals with legitimate interests and defects in the administrative procedure, such as formal errors in the refusal, but it cannot declare you to be an Italian citizen.
• Effectiveness: an appeal before the Administrative Court may lead to the annulment of the refusal on formal grounds, requiring the administration to re-examine the application, but it does not guarantee recognition of the right.

Incomplete documentation / errors

Serious documentary inconsistencies are one of the main reasons why an application for iure sanguinis citizenship is rejected through the administrative route, whether by a Consulate or a Municipality.

When the errors are not simple clerical mistakes, the only way to obtain recognition is through judicial proceedings or an application for rectification before the Court.

Incomplete documentation or errors include cases involving inconsistencies in names, dates of birth, or missing records, which may be resolved judicially through additional evidence such as parish registers or census records.

Critical documentary aspects

• Certificate of non-naturalisation: this is essential to prove that the ancestor did not renounce Italian citizenship.
• Discrepancies in names: transcription errors between Italian and foreign documents require corrections, sometimes judicially, before or during the appeal.

The discrepancies that usually block the procedure concern continuity of the bloodline:

• Alterations of the surname: major changes resulting from incorrect transcription abroad, such as Rossi becoming Rosi or Russo, making it difficult to prove the identity of the ancestor.
• Discrepancies in dates of birth: significant differences, such as months or years, between the Italian birth record and foreign marriage or death records.
• Different or Americanised / Luso-Brazilian names: cases where the original name, for example Giuseppe, was completely changed in subsequent records, for example Jose or Joseph, without any official note recording the change.
• Omissions of personal details: absence of the father’s or mother’s surname in one of the records in the chain of descent.

Means of resolution

Depending on the seriousness of the issue and the authority involved, there are two possible routes:

• Administrative correction: for obvious material errors, such as one letter being mistaken, the Civil Status Officer may intervene directly upon application by the interested party.
• Judicial rectification under Article 95 of Presidential Decree No. 396/2000: if the error affects the person’s status, an order of the territorially competent Ordinary Court is necessary, namely the Court where the record is registered. The judge examines the entire evidentiary file in order to establish that, despite the error, it is the same person.

The role of the naturalisation certificate

Where names have been distorted, the Negative Certificate of Naturalisation must include all the variants of the first name and surname that appear in the various records.

If the certificate does not cover a specific variant, the Consulate or Municipality may challenge the identity of the ancestor, making an appeal necessary.

In citizenship proceedings, the lawyer may ask the judge to ascertain the right to citizenship despite the inconsistencies, thereby overcoming the rejection by the administrative authority.

A favourable judgment requires the civil status officer to register the corrected records or to recognise the line of descent as established in the proceedings.

When an appeal is NO longer effective

After the reform, situations have arisen in which an appeal is no longer possible, or in which it may be attempted but is unlikely to end successfully.

In particular, it is no longer advisable for:

• Descent beyond two generations. If the applicant descends from a more remote ancestor, such as a great-grandparent or earlier, and does not fall within the exceptions, the appeal has very little chance of success. The remaining possibilities depend on the specific features of the case.
• Absence of an effective link with Italy. If it is not possible to prove a concrete connection with Italy, the application may also be rejected in judicial proceedings.

Attempts to circumvent the reform

The Court cannot be used to avoid application of the new law. An appeal is not a shortcut.

It should be attempted only where the individual situation presents valid legal grounds.

How the appeal works today

An appeal for Italian citizenship is filed before the competent Civil Court, usually in the place where the Italian ancestor was born.

Main features:

• mandatory legal assistance
• average timeframes: 12 to 24 months
• decision binding on the administration

Today, however, the appeal must be built on a precise legal strategy, because the judge will apply the new legislation in full.

Summary table: when it is worth filing an appeal

Appeal or administrative procedure: which should you choose?

The choice between an appeal and the administrative procedure depends on several factors:

• family situation
• available documentation
• timing
• applicability of the new legislation

In many cases, a preliminary assessment makes it possible to identify the most effective strategy and avoid mistakes.

Appeal before the Court and legal assistance

Do you meet the requirements for an appeal?

If you have already submitted an application or have received a refusal, it is essential to verify quickly whether the conditions exist for an appeal.

A preliminary assessment with our lawyers in the Immigration Department makes it possible to:

• avoid unnecessary costs
• identify the correct procedure
• protect the right to citizenship

Contact our lawyers for an analysis of your case.

FAQ – Appeal for Italian citizenship 2026

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
    4.9 Google130 reviews 
 
  
 
 

Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.