italian-citizenship-laws-history
The concept of Italian citizenship emerged with the unification of Italy in 1861. Before this, Italy was fragmented into multiple states, each with its own legal traditions and identity. The Law of March 17, 1861, proclaimed the Kingdom of Italy, laying the foundation for a unified national identity. However, formal citizenship laws were still undefined.
Decree-Law No. 36/2025 approved and the new rules for Italian citizenship: Photo of the Italian parlament
On May 20, 2025, the Chamber of Deputies approved Decree-Law No. 36/2025, now law No. 74 of May 23, 2025, with 137 votes in favor and 83 against, finalizing the proposal introduced in March by the coalition led by Giorgia Meloni, which was previously passed by the Senate on May 15.
From North to South - the best places to live in Italy: Photo of a church near the Dolomites, in the Italian alps
Italy is a country steeped in cultural heritage, boasting stunning landscapes and a deep historical legacy. Divided into regions, provinces, municipalities, and metropolitan cities, each area offers a distinct lifestyle and unique experiences. In this exploration, we’ll uncover the best places to live, considering factors like culture, economy, and quality of life.
Legal arguments for Italian citizenship by descent under decree-law 36/2025: Photo of man walking through a historical building in Italy
Decree-Law 36/2025 has significantly restricted Italian citizenship by descent, allowing recognition only for children and grandchildren of Italians, while excluding great-grandchildren and further descendants. This change has sparked legal and constitutional debates.
The role of Italy's regions in shaping national identity: Photo of an historical building in Rome
Italy is renowned for its rich regional diversity, which has deeply influenced its national identity throughout history. From distinct dialects and culinary traditions to varied economic models, each region has contributed uniquely to Italy’s character.
decree-law-citizenship-impact
On May 15, 2025, the Italian Senate approved Decree-Law No. 36/2025, a legislative measure that restricts the recognition of Italian citizenship by descent (jus sanguinis). The measure has sparked intense debate, with critics raising concerns about its constitutional validity, retroactive effects, and potential discrimination.
Photo of an Italian judge reading citizenship documents
Summary

The Italian judicial system is structured to handle a variety of legal matters, including citizenship cases. These cases are typically processed through the Civil Court in Rome or other regional courts, depending on the specifics of the case. The process involves a thorough examination of the applicant’s documentation and eligibility for Italian citizenship, which can be based on descent (jure sanguinis), marriage, or residency.

Assignment of judges in italian citizenship cases

In the Italian judicial system, the assignment of judges to cases is generally managed by the court administration. This means that petitioners do not have the option to choose their judge. 

The allocation is done to ensure impartiality and fairness, with Italian judges being assigned based on availability and workload rather than any preference from the parties involved. This system aims to maintain the integrity of the judicial process and prevent any potential bias or favoritism.

Circumstances for requesting a specific judge

While the general rule is that petitioners cannot choose their Italian judge, there are certain circumstances under which a different judge may be requested. 

These situations are exceptional and typically involve conflicts of interest or prior relationships with the judge. 

For example, if a petitioner has a personal or professional relationship with a judge that could influence the case’s outcome, they may request a different judge to ensure impartiality.

However, it is important to note that such requests are not guaranteed to be granted. The court will evaluate the validity of the request and decide whether a change of judge is warranted. The primary concern is to uphold the principles of fairness and justice, ensuring that all parties receive an unbiased hearing.

Role of legal representation in citizenship cases

Given the complexities of the Italian judicial system, having a lawyer who is well-versed in Italian citizenship law is crucial. 

A knowledgeable lawyer can navigate the intricacies of the process, ensuring that all necessary documentation is correctly prepared and submitted. They can also provide valuable advice on how to handle any potential issues that may arise during the case.

Legal representation is particularly important when dealing with the assignment of judges. An experienced lawyer can advise on the likelihood of a successful case. They can also help to present the case in the best possible light, increasing the chances of a favorable outcome.

Learn more about Italian citizenship through the judicial system.

Impact of legal representation on case outcomes

The quality of legal representation can significantly impact the outcome of a citizenship case. Effective legal counsel can streamline the process, making it more efficient and less stressful for the petitioner. They can anticipate potential challenges and address them proactively, ensuring that the case proceeds smoothly.

Moreover, a competent lawyer can make a compelling argument for the petitioner’s eligibility for citizenship, backed by thorough documentation and legal precedent. This can be particularly important in cases where the evidence is complex or where there are potential disputes over the interpretation of the law.

Conclusion: limited choice but crucial representation

In summary, while petitioners generally cannot choose their judge in Italian citizenship cases, there are exceptional circumstances where a specific judge may be requested. 

However, these requests are not always granted, and the decision ultimately lies with the court. The key to navigating this process successfully lies in having high-quality legal representation. 

A knowledgeable lawyer can provide invaluable assistance, ensuring that the case is presented effectively and that the petitioner receives a fair and just hearing.

The limitations on choosing a judge highlight the importance of focusing on the aspects of the process that can be controlled. By securing competent legal representation, petitioners can significantly enhance their chances of a successful outcome, regardless of which judge is assigned to their case. 

The quality of legal counsel is a critical factor in achieving a favorable resolution, making it an essential consideration for anyone pursuing Italian citizenship.

In this regard, having specialized assistance in Italian citizenship is the best option for those seeking a smooth and effective process. Contact io.citizen now and find out how we can assist you.

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Begin your journey to Italian citizenship

Take advantage of specialized assistance to secure your passport for a borderless future.