I recently held an AMA (Ask Me Anything) session in the r/juresanguinis subreddit group.

I will be posting some of the most interesting questions – and my answers – here on my blog.

Let’s start with the first one, regarding TAR / Ordinary Court appeals against Consulate / Comune rejections of applications

Question:

Where exactly are consulate minor issue rejection appeals held? TAR or ordinary court? And is there actually a 60 day time limit to appeal? In my final rejection letter, the last lines of it were “Che avverso il presente provvedimento può essere presentato ricorso innanzi al Tribunale italiano ordinario competente, senza limiti di tempo” which I read as it being in the ordinary court with no time limits, but other people have gotten rejection letters saying they only have 60 days to appeal to the TAR.

Thank you for your question, which hits on a very important and sometimes confusing point about how administrative decisions regarding citizenship are challenged in Italy. Based on the nature of the claim (assertion of citizenship status, a subjective right) and the specific language in your rejection letter, the Ordinary Civil Court is the correct venue, and the statement “senza limiti di tempo” accurately reflects that there is no specific, short 60-day deadline to initiate this type of lawsuit. The information you received appears legally sound for challenging a jure sanguinis rejection based on the minor issue. This matter touches upon complex aspects of dealing with a Rejection of Italian citizenship: Ordinary Court or TAR Appeal? which many applicants face.

Here’s the breakdown:

Correct Court (Ordinario): Ordinary Civil Court (Tribunale Ordinario)

The language in your rejection letter “Che avverso il presente provvedimento può essere presento ricorso innanzi al Tribunale italiano ordinario competente, senza limiti di tempo” is correct for this type of dispute.

Why? When you claim Italian citizenship (jure sanguinis or by descent), you are asserting a fundamental personal status, a subjective right (diritto soggettivo). Disputes concerning the existence or denial of such personal rights fall under the jurisdiction of the ordinary civil courts, not the administrative courts (TAR).

You are essentially asking the court to declare your status as an Italian citizen, which the consulate (an administrative body) failed to recognize based on its interpretation of the law (in this case, the “minor issue”). You’re not primarily challenging the procedure or power of the consulate in making an administrative decision (which would be TAR’s domain), but rather the substance of their decision regarding your inherent right. Understanding the nuances of a Rejection of Italian citizenship: Ordinary Court or TAR Appeal? is crucial here.

Time Limit: “Senza Limiti di Tempo” (Without Time Limits)

The phrase “senza limiti di tempo” in your letter is consistent with actions regarding personal status brought before the Ordinary Court.

Why? The right to citizenship acquired at birth (jure sanguinis) is considered by Italian jurisprudence (including the famous Court of Cassation “Sezioni Unite”, ruling 2951/2022) to be a permanent, imprescriptible status. This means it’s generally not subject to short forfeiture deadlines like the typical 60 days for challenging administrative acts before the TAR. You are asserting a right you’ve held since birth. For further reading on specific case types, see information on the 1948 case.

The short 60-day deadline associated with TAR appeal, does not apply to civil actions.

Why Might Others Mention TAR / 60 Days?

• Consular Error/Boilerplate: It is quite possible, and unfortunately not uncommon, for administrative offices (including consulates) to mistakenly include standard boilerplate language in rejection letters that refers to the TAR and the 60-day deadline. This language is standard for appealing many other types of administrative decisions (like denials of permits, sanctions, etc.) where TAR is the correct venue. The specific nuances for citizenship status claims might be overlooked by the person drafting the letter. Sometimes, a consulate rejects a 1948 case with incorrect appeal information.
• Confusion: Sometimes the distinction between challenging the administrative act itself versus asserting the underlying right can be blurred, leading to incorrect advice or template usage.

However, as always, while there isn’t a strict 60-day limit, it is generally advisable not to delay unreasonably in pursuing legal action after receiving a formal rejection. For context on recent changes that might affect processing, see updates on Decreto Legge 36/2025 (Tajani).

So When the TAR (Regional Administrative Court) Can Come into Play for Rejected Applications?

As I wrote earlier, the appeal to the TAR concerns the legitimacy of administrative acts and procedures, and is based on the injury of a legitimate interest, not a subjective right (such as citizenship status). Thus, for jure sanguinis citizenship applications, the appeal to the TAR is generally rare and limited to specific cases where the right to citizenship itself is not being challenged, but rather the way the administration (Consulate or municipality) acted (or failed to act).

Here are some hypothetical scenarios (but often not the most strategic for the ultimate goal) in which an appeal to the TAR for pre-DL 36 applications could theoretically be considered:

1) Pure Silence-Failure (Appeal against silence – Art. 31 and 117 Administrative Process Code):

• Scenario: You have submitted the complete application, but the Consulate/Municipality, after an unreasonably long time and formal solicitations (reminders to comply), does not issue any order (either granting or denial). There is total inaction. This situation is sometimes referred to when there are no appointments at the Italian consulate.
• In this case, you are not asking the TAR to declare you a citizen, but to force the administration to conclude the proceedings by issuing an explicit measure (which could also be a rejection).
• This route has historically been possible. However, for citizenship applications, case law has evolved. Many attorneys now prefer the surest remedy in the Ordinary Court for recognition of citizenship because of unreasonable delay (“against the queue”), arguing that the delay itself injures the right and warrants intervention by the ordinary court to declare status. This approach is often more effective because it aims directly at recognition, whereas appealing to the TAR against the silence may simply lead to a formal rejection by the administration, then forcing you to appeal to the Ordinary Court anyway.

2) Illegal Administrative Acts for Defects of Form or Pure Procedure (unrelated to the right of citizenship):

• Scenario: The Consulate/municipality issues a rejection order based on an assessment of your lineage or naturalization, but on blatantly procedurally flawed, irrelevant or discriminatory grounds that violate the general law on administrative procedure (Law 241/1990). For example, a rejection because “we don’t like your surname” (an extreme and unlikely case) or because they requested and did not obtain a document that is patently not provided for by any rule for that specific type of practice. Issues can sometimes arise from document inconsistencies.
• Aim of the TAR Appeal: would be seeking the annulment of the illegal administrative act for defects (poor to the procedure) (e.g., incompetence, violation of procedural law, excess of power).
• It is rare for a rejection of jure sanguinis citizenship to be based solely on such flaws without touching on the merits of the right. Often, even if there are procedural flaws, the core of the dispute remains the subjective right, making the Ordinary Court more appropriate.

3) Denial of Access to Records (Law 241/1990):

• Scenario: You have filed a pre-DL 36 application and formally request to view the records in your file at the Consulate/Municipality, but you are denied access without a valid reason.
• The goal of the TAR appeal would be to obtain access to documents. This appeal is specifically about the right of access, not directly about citizenship.

It is crucial to remember that appeals to the TAR (against unlawful acts or against silence) have short forfeiture deadlines (usually 60 days from the notification of the act or from the formation of the silence), unlike actions before the Ordinary Court for citizenship status.

Disclaimer: This information is for general guidance only and not legal advice. It’s recommended to consult with a qualified Italian lawyer for advice specific to your situation.

For more information on Italian citizenship and related legal matters, you may find these external resources helpful:

• Italian Ministry of Foreign Affairs – Citizenship. [11]
• Italian Ministry of Justice. [2]
• Gazzetta Ufficiale (Official Gazette of the Italian Republic). [2]

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Frequently Asked Questions (FAQ) – Rejection of Italian citizenship: Ordinary Court or TAR Appeal?

Q: What is the main difference between appealing to the Ordinary Court and TAR for Italian citizenship rejection?

A: Appeals concerning the assertion of citizenship status as a subjective right (e.g., jure sanguinis claims like the ‘minor issue’) go to the Ordinary Civil Court, generally without a strict time limit. Appeals challenging the legitimacy of administrative acts or procedures, where a legitimate interest is harmed, go to the TAR, usually with a 60-day deadline.

Q: Is there a time limit to appeal a ‘minor issue’ rejection of Italian citizenship to the Ordinary Court?

A: No, for claims asserting a subjective right to citizenship (like those involving the ‘minor issue’) before the Ordinary Civil Court, the rejection letter often states ‘senza limiti di tempo’ (without time limits). This is because the right to citizenship acquired at birth is considered permanent and imprescriptible.

Q: Why might a rejection letter for Italian citizenship incorrectly mention appealing to TAR within 60 days?

A: This can happen due to consular error or the use of standard boilerplate language meant for other types of administrative decisions. For jure sanguinis citizenship status claims, the Ordinary Court is typically the correct venue, not the TAR, especially when the core issue is the recognition of the right itself.

Q: When is it appropriate to appeal to the TAR regarding an Italian citizenship application?

A: Appeals to the TAR are rare for jure sanguinis rejections and are usually limited to cases challenging the administrative procedure, such as pure silence/failure to act by the consulate/municipality (though even here, the Ordinary Court is often preferred), blatantly flawed procedural acts unrelated to the right of citizenship, or denial of access to records. These appeals typically have a 60-day deadline.