What is Italian citizenship through judicial means and what advantages does it have over other means?
There are two specific cases in which we can resort to Italian citizenship through judicial means. The first case is through the maternal route, in which we must apply for Italian citizenship before the Italian courts. They are those families that have in their ancestors a first woman in the line of descent counting from the AVO (the Italian who came from Italy) who had children before 1948. This date is important because from 1.01.1948 onwards granted by the Italian Constitution and there they DO recognize the right to transmit Italian citizenship to their children. Before that date it was only transmitted by men. So, we can see it with an example: if I have a grandfather who was born before 1948 to an Italian woman or of Italian descent, the only way to apply for Italian citizenship is to start a legal case before the Italian courts. As of today, the law establishes this and the legal claim is filed in the territorially competent court depending on the commune of the AVO. They are no longer processed in Rome.
On the other hand, there are trials due to lack of appointment or delay in consular attention. They are processed in Italy before the Italian courts corresponding to the AVO commune.
When we are faced with the impossibility of accessing appointments to apply for Italian citizenship, these legal claims have been initiated by descendants of Italians living in Argentina, Brazil, Peru, Uruguay or other consulates – where the number of applications is very high and The time necessary to manage the procedures does not comply with the deadline established by law that requires the Italian Ministry of the Interior to grant Italian citizenship within a period of 730 days from when it is requested. As we have seen in Argentina, the Rosario consulate has been closed without giving appointments for years, the same thing happens with Bahía Blanca or Córdoba that close the appointments for months, thus making it impossible for the person to exercise their right to apply for Italian citizenship. If I can’t even get the shift, can I be Italian and is it not even possible for said period (730 days) to start running in my favor? Currently, the study has favorable rulings against the consulates of Córdoba, Mar del Plata and Rosario and several in progress against the rest of the consulates in Argentina.
Thus the Italian courts have said “the uncertainty regarding the definition of the application for recognition of Italian citizenship “by blood” (iure sanguinis) and the unreasonable period of time elapsed with respect to the application filed, amount to a denial of right recognized by law, thus justifying the interest in resorting to judicial protection.”
What requirements must be met to apply for Italian citizenship through the courts and what documents must be presented?
The fundamental requirement is to demonstrate a link with an Italian. The essence of Italian citizenship is rooted in Roman law, which recognizes the right of Italian blood and identity for having an Italian ancestor, even without generational limit. It is important to understand this since it is a very personal human right that has to do with the identity of the person who requests it and that it is a recognition of being Italian, which means that one has been Italian since birth and therefore once recognized Italian one has the Italian birth certificate in the commune of his Italian ancestor. One is NOT Italian for being born in Italy, one is Italian for having Italian blood. Unlike Argentina where the right to citizenship is “ius soli” by being born on Argentine soil one has the right to our citizenship. So, back to the requirements: show with birth, marriage and death certificates (as applicable) my relationship with an Italian. If I have two Italian great-grandparents, the priority goes to the paternal route, that is, I must request it first through the Italian great-grandfather and then if I cannot go through him then I can request it through the great-grandmother.
What steps must be followed to start the judicial process and how long does it usually take to obtain the sentence?
Stages of the process:
- Presentation of the claim is done online.
- Assignment of the judge of the court corresponding to the commune
- Audience setting
- Notification of the hearing to the Ministry of the Interior
- Holding the hearing (can be online or in person).
- Sentence in which the judge declares them Italian citizens and where the judge orders the Ministry of the Interior to register the plaintiffs as Italians in the commune of origin of the AVO.
It is also important to mention that you do not need to come to Italy at any time, all stages of the trial can be handled by your lawyers in Italy.
Who can participate?
All family members who have the same AVO can participate.
Folder: 1 same for all
Expirations: The certificates of deceased persons do not expire, the others must be approximately 1 or 2 years old, those of marriage of living persons no more than 6 months old.
If the trial is due to consular delay/lateness or lack of appointments, the following evidence must be presented: News from the newspaper/radio and television. Screenshots showing that an attempt has been made to make a turn and it has not been possible for each of the adults who appear in the lawsuit. At least 3 months old. Screenshots of the consulate where it says (as many consulates do) that there are NO more appointments to apply for iuris sanguinis citizenship (by descent) until further notice. Also emails where the consulate says that there are NO appointments and that it cannot assure the interested party when there will be.
In the ruling, the judge orders the Ministry of the Interior to register the plaintiffs as Italians in the AVO commune.
What difficulties or challenges can be encountered in the judicial process and how can they be overcome?
No difficulties if one has all the documents neat and that proves without errors that one is a descendant of an Italian. That is why the essential thing is to carefully review the folder beforehand to rectify errors in surnames and first names. Always use a professional to review the folder. It is a service that he personally provided prior to accepting a file for a trial. Then also have patience in the judicial process since since the judicial reform that came into force in Italy in June 2022, the courts that now hear cases of Italian citizenship are those that correspond territorially to each commune, so today the The study has distributed cases practically throughout Italy. So one of the challenges is to understand that they are new judges, that it is not possible to know exactly the period in which they will have the sentence. There are very fast courts such as Florence, Venice or even Rome now that declared Italians in less than 6 months. Others take longer, but we could say that the average from when the lawsuit is filed would be one year.
What advice would you give to someone who wants to obtain Italian citizenship through judicial means and how can your professional service help them?
My advice is that you do not stop asserting your rights. You have the right to Italian citizenship, which opens up the possibility of studying, living and investing anywhere in Europe. In an increasingly globalized world, European citizenship has many benefits for scholarships, jobs and opportunities for anyone who wants to progress and fulfill your dreams. Let us not forget that the European community has large funds for study, research and work scholarships.
Our work motto at Kairós LBC is to provide our experience, transmit trust, transparency, confidentiality, respect for our client and their objectives and distinction in close treatment. Where there is a limit, we see an opportunity.
Every 15 days we organize free talks on judicial processes, news on sentences and we resolve all the doubts of people who consult us, so we invite you to participate in the next webinar that will be on February 28 at 10 p.m. in Italy/ 6:00 p.m. Argentina. I leave you the link to participate https://info-7dbb6.gr8.com/
by CEDOC
