Italian Citizenship Through the Italian Judicial SystemIf your eligibility has been affected by the recent changes to Italian citizenship law, ICAP can help you appeal your citizenship through the Italian courts.

Overview of Italian Citizenship Through the Italian Judicial System

If you recently discovered that you are no longer eligible for Italian citizenship by descent due to Law 74/2025, you are not alone. Thousands of individuals who were preparing to apply through the consulate or an Italian municipality have been disqualified by the law, which drastically changed eligibility criteria overnight.

At ICAP, we are working closely with our Italian legal team to challenge the new law in court. Many constitutional law experts in Italy believe that this abrupt shift in policy may not hold up under legal scrutiny. If you were disqualified by the May 2025 law, you may still have the opportunity to obtain Italian citizenship by pursuing a judicial appeal in Italy.

Legal grounds to challenge Law 74/2025

Unreasonable and unequal treatment of individuals originating from administrative dysfunction of the Italian Consulates: If you have proof that you had unsuccessfully attempted to schedule an appointment at the Italian Consulate prior to March 27 at 11:59 PM Rome time, you could have grounds for challenging the new law in the Italian courts. Examples of proof include: attorney sollication, waiting list placement, emails from the Consulate stating that appointments were not available, screenshots showing that the booking was closed. The new law discriminates against those who could not obtain an appointment prior to March 28, 2025 due to unavailability of appointments and those who could get an appointment. A fundamental right such as citizenship cannot be based on the availability of appointment.

Retroactive Application of a New Law in breach of the principles of Reasonableness and Legitimate Expectation: Even if you were not in the process of trying to get an appointment you have grounds for challenging the new law on the argument that it introduces a whole new set of rules and derogates a former right given at birth. This blatantly goes against the provisions of the Italian civil code which states that “a law provides only for the future; it does not have retroactive effect.”

Lack of the requirement of extraordinary necessity and urgency: The new law emerged from an Emergency Decree issued by the Italian Ministry of the Interior. To preserve the co-equal branches of government that are in place, emergency decrees are to be limited to extraordinary situations that pose an imminent threat to the country’s safety in which the normal parliamentary process would not have time to act to protect the Republic, e.g. a pandemic, a war, or national disaster. The introduction of the decree-law indicates the extraordinary necessity and urgency as being motivated by the need to prevent a ‘rush to the counters’ that could block the operation of consular offices, municipalities, and judiciary. Administrative inefficiency to respond to a backlog of appointments does not constitute a national emergency therefore the new law resulted from an illegitimate “Emergency Decree.”

Violation of European Union Law to preserve a stable and meaningful link to the country of origin: Any restriction must be proportionate, justified and respectful of human dignity. The law according to legal experts violates all three of these principles.

Via Materna Cases: These cases fall under a constitutional law which transmitted citizenship through the paternal line only and have always been handled through the judiciary. This was determined in 2009 to be discriminatory against women by the Courts in Italy and citizenship was given to the descendants. Legal experts assert that the “via materna cases” are constitutional in nature so the new law does not exclude them in court. In addition, the new law imposes generational and naturalization restrictions therefore all of the preceding arguments would apply to these cases.

Steps of Applying for Citizenship Through the Italian Judicial System

ICAP streamlines your path to Italian dual citizenship by handling all the paperwork and court procedures. With our expert legal partners in Italy, we ensure a hassle-free journey to becoming an Italian citizen.

Step 1

Gather Documents

ICAP expertly assists clients in obtaining essential documentation for their court case.

Step 2

Review Documents & Submit Court Application

Our legal team of attorneys specializing in Italian citizenship, meticulously review the documents and submits the application in court.

Step 3

Court Processes Application

Our legal team files the petition for citizenship and represents the case at hearing. The judge then reviews the petition filed by the law firm and renders a final decision regarding citizenship.

Applying Through the Italian Judicial System FAQ

Can my children and other family members be included in the court case?

Minor children, under the age of 18, can be included in the trial. The inclusion of other family members is possible, however, each case must be evaluated individually by the attorneys.

How long does applying through the Italian courts take?

Timelines for citizenship cases vary based on government processing times and the specific Italian court’s caseload. Typically, the process takes about 3 to 5 years.

A court case sounds expensive, how much is it?

Although it may seem costly, pursuing citizenship through the courts can sometimes be more affordable than through the consulate. Family members share documents, reducing duplication, and attorney and court fees can be divided among applicants.

Get Started Applying for Your Citizenship Today!

If you are disqualified by the new law and have spent time and money preparing your application, you do not need to give up hope! ICAP is here to help you fight for your right to Italian citizenship. Contact us today or schedule a free call below so that we can assess your unique situation and guide you accordingly.

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