Court Action for Lack of Italian Consular Appointments

Is There an Alternative Way to Apply for Italian Citizenship by Descent (Jure Sanguinis)?

Yes: applicants can now petition the competent Italian District Court for citizenship recognition due to the “Lack of Appointments” (failure of the consular booking system) at Italian Consulates in their country of residence.

Many clients in North and South America report that booking an appointment through the consular portal is exceedingly difficult or practically impossible, either because the booking system remains permanently closed or because waiting lists to finalize citizenship recognition exceed the statutory two-year term.

Legal Background

In mid-2022, a major judicial procedural reform took effect regarding Italian citizenship by descent under Law No. 91 of February 5, 1992. For applicants residing abroad, jurisdiction was transferred from the Civil Court of Rome to the local Italian District Courts corresponding to the birthplace of the Italian ancestor (avo). For instance, if your ancestor was born in Recco (Province of Genoa), the petition must be filed before the Specialized Immigration Section of the District Court of Genoa.

To instantly identify the competent court corresponding to your ancestor’s municipality among all 7,899 Italian municipalities, use our Regional Court Finder for Italian Citizenship (Law 206/2021).

Law No. 206/2021, Article 36, amending Article 4, Paragraph 5 of Decree-Law No. 13 of February 17, 2017 (converted with amendments by Law No. 46 of April 13, 2017), provides: “When the plaintiff resides abroad, disputes relating to the ascertainment of Italian citizenship status are assigned based on the municipality of birth of the Italian citizen father, mother, or ancestor.”

Legal Framework for Jure Sanguinis Citizenship Claims

All descendants of Italian emigrants who moved abroad (to countries such as Argentina, Brazil, Colombia, Peru, Chile, Canada, and the United States), provided they meet the statutory requirements of Law No. 91 of February 5, 1992, have legal standing to request citizenship recognition through administrative consular channels in their country of residence.

In recent years, citizenship applications before Italian consulates have grown significantly. The practical impossibility of booking an appointment on consular portals prevents applicants from exercising their legitimate right to administrative recognition. Consequently, judicial action before Italian immigration courts represents the established legal remedy to assert this right.

Court Action for Consular Delays: Streamlining Citizenship Recognition

Consulates are often unable to process applications within the statutory two-year timeframe (730 days) provided by Italian administrative law. When consular backlogs create an indefinite barrier, descendants can file a court action before the competent Italian court, represented by an attorney admitted to practice in Italy.

To initiate judicial proceedings, the applicant must demonstrate the concrete impossibility of obtaining an appointment at the consulate of residence, providing evidence such as booking attempt records, correspondence, and screenshots. Italian judges possess full jurisdiction to ascertain and declare the applicant’s citizenship directly.

Advantages of the Judicial Route: Timeline and Family Co-Applicants

First, processing timelines are often shorter than consular waiting lists, depending on the caseload and scheduling of the specific regional immigration section.

With the decentralization reform under Law 206/2021, cases are distributed across 26 regional district courts rather than concentrated entirely in Rome. Favorable jurisprudence across Italian courts has firmly consolidated this judicial route.

Second, multiple family members sharing the same lineage (adults and minors) can join the exact same legal petition. The court judgment recognizes citizenship simultaneously for all co-claimants, allowing family members to share legal expenses.

Finally, applicants do not need to travel to Italy or establish residency there. Representation is handled entirely through a Power of Attorney granted to your Italian attorney.

In this proceeding, the attorney submits the complete documentary chain (birth, marriage, and death records with apostilles and certified translations), proving that transmission of Italian citizenship remained unbroken across generations.

If you need assistance evaluating your case or preparing a court petition, contact us through the form below. We are available to assess your situation.