ARTICLE
19 December 2024

Obtaining Italian Citizenship Through Legal Proceedings

BI
Boccadutri International Law Firm

Contributor

Boccadutri is an Italian law firm that specialises in assisting international clients with legal matters in Italy. We are able to serve our clients in their native language and also have offices located across the globe that allow clients to meet our lawyers without having to travel to Italy.Our international offices are located in Palermo, Milan, Rome, London, Barcelona, New York, Bucharest, Krakow, Rosario, Istanbul, Sydney and Rio de Janeiro. We are also well placed in Italy to attend court hearings and other local matters with our offices in Milan (North) and Palermo (South).Boccadutri specialises in a wide range of Italian matters such as personal injury, real estate, civil law, forex, and administrative and criminal litigation matters. All our expert lawyers are fully qualified and specialists in their respective fields.
The judicial path has become increasingly significant, particularly when standard administrative procedures prove inadequate or involve excessive delays.
Italy Immigration

Italian citizenship can be obtained through legal proceedings by filing a petition with an Italian Court.

The judicial path has become increasingly significant, particularly when standard administrative procedures prove inadequate or involve excessive delays.

This route often serves as either the final option for recognition of citizenship rights or the only available path, especially in cases involving maternal lineage prior to 1948.

Legal Framework for Citizenship

The Italian citizenship legislation has undergone significant changes over time.

While Law 91 of February 5, 1992 remains the foundational legislation, subsequent laws and evolving jurisprudence have modified its interpretation and application.

Key changes relate to the legally acceptable waiting periods for citizenship decisions (including rejections) before court action becomes viable.

Law 91/1992 set a 24-month (730-day) processing period for applications, applying only to new cases.

The Salvini Decree (Decree-Law 113/2018), later converted into Law 132/2018, extended the state's mandatory response period to 48 months.

This extension was justified by the need for more thorough background checks and a significant increase in applications.

The measure applied retroactively, affecting all pending applications.

Additionally, the decree established that Italian citizenship obtained by former foreign nationals could be revoked upon final conviction for serious crimes, including terrorism.

Law 173/2020 revised the processing times, setting a 24-month limit with a possible 12-month extension for justified reasons.

The administration must now complete procedures within 24/36 months for:

Applicants can pursue legal action to enforce their right to receive a timely response.

Eligibility for Legal Proceedings

Legal action for citizenship can be pursued when:

  • A citizenship application remains pending after 36 months
  • Consular delays prevent application submission
  • A citizenship application is unjustly denied
  • Administrative procedures are unavailable for pre-1948 maternal lineage cases

Many applications remain unresolved for years due to administrative silence.

Applicants can pursue either Civil Court or Regional Administrative Court (TAR) proceedings.

Civil Court Proceedings

The Civil Court primarily handles citizenship rights cases, particularly for iure sanguinis claims and legal denials.

Key advantages include:

  • Direct recognition of citizenship rights
  • Faster processing than administrative channels
  • Opportunity to present additional evidence

Success requires thorough documentation and robust legal arguments.

Administrative Court (TAR) Appeals

The TAR addresses challenges to administrative actions and can:

  • Set binding deadlines for procedure completion
  • Appoint special commissioners for non-compliance
  • Review administrative decisions' legitimacy

TAR jurisprudence has shaped citizenship law enforcement, particularly in protecting applicants' rights against administrative inefficiencies.

A landmark ruling (No. 2257) was issued by the Lazio Administrative Court on February 26, 2014, favoring fifty foreign citizens in their class action against the Interior Ministry. The court found direct and concrete violations of plaintiffs' rights due to citizenship processing delays. The Ministry was ordered to systematically resolve these inefficiencies within one year.

Processing Timeline & Court Action

Legal proceedings typically take 12-24 months, varying by court and case complexity.

When is it advisable to take Court action?

Court action is advisable when:

  • No response received after 24 months
  • Unjustified application rejection
  • Cases requiring specific legal interpretation

Our Legal Services

Italian citizenship confers civil and political rights.

Our firm offers:

  • Case assessment and analysis
  • Documentation preparation
  • Procedural guidance
  • Court representation

We evaluate each case individually, considering personal history, documentation, timelines, and legal options.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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