Following the approval of Decree 36/2025, the Italian citizenship by Italian court route may become a preferred option for applicants challenging its constitutionality.
The latest Italian citizenship regulations impose stricter limits on jus sanguinis transmission, restricting recognition to children and grandchildren while excluding great-grandchildren and further generations. Applicants must prove that their Italian ancestor held citizenship exclusively at the time of death. However, an exception applies if a parent legally resided in Italy for at least two years before their child’s birth or adoption.
This shift has sparked legal and constitutional debates, with critics arguing that the decree violates fundamental rights under Italian and European law. Legal challenges are expected in the coming years.
As of June 2025, the judicial route is the only available option for obtaining Italian citizenship. While all administrative applications will be centralized within a new governmental body in Italy, the specific procedures and operational framework have yet to be determined.
Judicial route for Italian citizenship (Jus Sanguinis)
As of June 2025, the judicial route is the only available pathway for Italian citizenship by descent, since administrative applications will be centralized under a new governmental body whose procedures are not yet defined. This change applies exclusively to descent-based claims. The citizenship‑by‑marriage route continues to be processed through consulates or the questura, and residency‑based applications also remain under consular jurisdiction.
How the Judicial Process works
The judicial route follows a structured sequence in Italy and is always handled through an Italian attorney. The main steps are:
- Document gathering and legal analysis — You collect all vital records (birth, marriage, death) linking you to your Italian ancestor, duly authenticated with an apostille and translated, while an Italian citizenship lawyer reviews them, checks for discrepancies, and assesses the strength of your case.
- Hiring a qualified lawyer in Italy — You retain a lawyer licensed in Italy, ideally specialized in citizenship cases, who will prepare the legal brief, choose the correct court, represent you in all proceedings, and keep you updated.
- Filing the lawsuit — After you sign a Power of Attorney (procura speciale), your lawyer files the lawsuit, presenting your family story, documentary evidence, and the legal arguments (including consular delay or 1948‑case reasoning, where applicable).
- Court proceedings and decision — The case is assigned to a judge and a hearing is scheduled; your lawyer will represent you on your behalf, the judge reviews the evidence and arguments, and—if everything is in order—issues an order recognizing your Italian citizenship.
- Transcription of records and passport application — Once the judgment becomes final, it is sent to the comune to register your vital records; from that moment you are an Italian citizen and can register with AIRE and apply for your Italian passport at the consulate.
Applicants who filed an application before Decree-Law 36/2025
Individuals who submitted administrative applications before the legislative changes continue under the previous system. Their cases remain valid, and consulates must process them normally. There is no requirement to shift these applicants into the judicial route.
When was the Judicial Route considered before:
- For 1948 cases of female ancestry, now limited to mothers and grandmothers, judicial proceedings may be necessary.
- It is also an option for those challenging recent legal changes or seeking a faster resolution to their citizenship application.
Take advantage of specialized assistance to secure your passport for a borderless future.
What are the costs involved?
The total cost of obtaining Italian citizenship through the judicial process can vary widely. The main factors affecting the cost include:
- Document Retrieval: Searching and collecting necessary documents from Italian ancestors, which may require detailed investigation.
- Certificates: Obtaining and preparing relevant documentation.
- Expert Analysis: Each document is thoroughly reviewed by a specialist to ensure compliance with legal requirements.
- Rectifications: Corrections in documents for consistency and accuracy.
- Translations: Documents must be translated by a sworn translator to be accepted by Italian courts.
- Apostilles: Legalization of documents for international recognition under the Hague Convention.
- Legal Fees: Attorney fees for lawyers who specialize in the Italian citizenship judicial process, and court fees.
- Advisory Fees: If opting for specialized Italian citizenship services, there will be fees for these services.
As of 2025, applicants pursuing the judicial process for Italian citizenship are required to pay an application fee of €600 per person.
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