Judicial Citizenship: The Direct Route

Judicial Citizenship: The Direct Route to Italian Citizenship Through Italian Courts

Executive Summary: When the consular route stalls — appointment waits exceeding two years, 1948 cases, rejections, or complex situations — the judicial route before Italian courts is the remedy: a petition before the competent judge (for 1948, the Court of Rome) ending in a judgment that recognizes Italian citizenship. 2026 update: Ruling 24045/2026 closed the “minor issue”; Art. 3-bis is before the CJEU (Order 147/2026); the Bologna and Naples courts confirm that the waiting list is not an appointment — the judicial route remains the fastest instrument.

For many descendants of Italian citizens, the administrative route through the Italian consulate is the standard path to obtaining Italian citizenship by descent (jure sanguinis). However, when consular appointments are unavailable, applications face prolonged delays, or disputes arise regarding eligibility, the judicial route before Italian courts becomes not only an alternative but often the most effective strategy.

Judicial citizenship proceedings allow applicants to obtain a court order recognizing their Italian citizenship status directly from an Italian judge. This route is particularly relevant for applicants facing consular backlog, those with complex family histories involving the minor issue or naturalization before 1912, and descendants pursuing the 1948 judicial case through the specialized courts of Rome.

When Should You Consider the Judicial Route?

The judicial route may be the most appropriate option in the following circumstances:

• Consular delays or unavailability: Many Italian consulates worldwide have appointment wait times exceeding two years. Filing directly before an Italian court can significantly reduce waiting periods.
• 1948 Cases: If your Italian citizenship derives from a female ancestor who gave birth before January 1, 1948, your case must be filed judicially before the Court of Rome, as administrative recognition is not available.
• Complex cases: Applications involving the minor issue, pre-1912 naturalizations, or disputed documentary evidence often benefit from direct judicial review.
• Rejected applications: If your administrative application has been rejected, a judicial appeal may be the most effective remedy.

What Are the Typical Timelines in 2026?

How Can ItalyGet Help With Your Judicial Citizenship Case?

At ItalyGet, our team of experienced Italian citizenship attorneys provides comprehensive representation throughout the judicial citizenship process. From initial case evaluation and document preparation to filing the petition before the competent Italian court and attending hearings, we manage every aspect of your case. We also handle appeals before the Court of Appeal and the Supreme Court of Cassation when necessary.

Frequently Asked Questions

When is the judicial route the right choice for Italian citizenship?

When the consular route is blocked — appointment waits exceeding two years — and in 1948 cases (mandatory, before the Court of Rome), in complex cases (the minor issue, pre-1912 naturalizations, disputed documents), and after a consular rejection.

How long does a judicial citizenship case take in Italy?

Roughly 12–24 months in first instance, 12–18 months on appeal, and 2–3 years before the Court of Cassation — timelines vary by court and case complexity, but they are often faster than the consular wait.

Can a 1948 case be filed through the consulate?

No: descent through a female ancestor who gave birth before January 1, 1948, must be filed judicially before the Court of Rome — administrative recognition through the consulate is not available.

What changed after Law 74/2025 and the 2026 rulings?

United Sections Ruling 24045/2026 closed the “minor issue” (non-retroactivity); Ruling 63/2026 upheld Art. 3-bis, now before the CJEU (Order 147/2026); Decision 24184/2026 confirmed the SSUU stance — the judicial route remains the remedy against consular delays.