29/08/2026
🇮🇹 ITALIAN CITIZENSHIP AND THE NEW LAW: WHAT THE COURTS ARE CONFIRMING REGARDING DESCENDANTS' RIGHTS ⚖️
In May 2026, the Tribunal of Naples examined a case represented by our legal team and lodged in July 2025 — after the recent legislative changes to citizenship law had already taken effect.
Even under the application of the new legislation, the judgment features a vital highlight: the manner in which the presiding judge substantiated the ruling by drawing upon established principles of Italian Constitutional Law and Justice:
🔹 1. Transmission as an imprescriptible right
"The status of citizen founded on the bond of filiation has a permanent character, is imprescriptible, and actionable in court at any time upon proof of birth from an Italian citizen."
🔹 2. Nature of an "Absolute Individual Right" (Diritto Soggettivo Perfetto)
"The recognition of Italian citizenship by birth does not fall within the discretionary power of the Public Administration, but constitutes an absolute individual right. The sole task of the State is to ascertain the existence of the factual prerequisites."
Holding an "absolute individual right" means that citizenship is not a concession or a "favour" granted or denied at the discretion of the State. It is an inherent right belonging to the descendant by birth. The State and public bodies are merely required to verify the facts and documentation presented, without any scope for arbitrary decisions.
🔹 3. Safeguarding citizens against bureaucratic hurdles
"Bureaucratic difficulties cannot operate to the detriment of rights."
These bureaucratic hurdles and difficulties refer to long consular waiting lists, the severe shortage of appointments, and the public administration's inability to process high volumes of applications. The Court reaffirms that State delay or operational inefficiency cannot penalise applicants or deprive them of their right.
What does this interpretation teach us?
The statutory amendments require applications to be prepared with utmost technical precision and zero margin for documentation errors. However, this ruling demonstrates that for well-founded cases, the courts continue to recognise that fundamental rights and the essence of citizenship by birth remain protected and upheld by Law.
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