Judgment of the Florence Court: Italian citizenship, consular delays, and Legislative Decree 36/2025

In recent years, the process of obtaining recognition of Italian citizenship jure sanguinis has become increasingly complex for many descendants of Italian citizens living abroad. Difficulties related to the handling of applications by consulates, combined with the changes introduced by the decree-law later converted into Legislative Decree 36/2025, have generated numerous questions, especially for those who had already attempted to initiate the procedure before the new legislation entered into force.

A recent ruling by the Florence Court represents an important signal for those applicants who, despite having clearly expressed their intention to obtain Italian citizenship before the deadline set by the reform, were unable to formally submit their application due to the impossibility of securing a consular appointment within a reasonable timeframe.

The principle established by case law on citizenship by descent

The issue arises from the situation of numerous foreign citizens of Italian origin who, in attempting to submit their application to the competent consulate, encountered booking systems characterized by very long waiting times and extremely limited appointment availability.

More recent case law has begun to recognize that such administrative difficulties cannot automatically be borne by applicants who have clearly demonstrated their intention to exercise their right to citizenship.

In particular, the principle emphasized by the judges is that jure sanguinis citizenship does not arise at the moment of the formal administrative application, but derives from the legal relationship of descent established by law. Therefore, when an applicant demonstrates that they actively tried to access the procedure and were prevented by circumstances beyond their control, recourse to judicial authorities may become the appropriate means to protect their right.

The decision of the Florence Court

The case examined by the Florence Court concerns a Brazilian family that had attempted to complete the Italian citizenship recognition procedure before the new rules entered into force.

The applicants provided documentation aimed at demonstrating repeated attempts to obtain an appointment at the competent Italian consulate before 27 March 2025, a date considered decisive for the application of the new legal framework.

The judge in Florence considered relevant not only the failure to complete the administrative procedure, but above all the proof of the unequivocal intention of the prospective Italian citizens to exercise their right before the legislative change.

Appointment requests, communications, and other documented attempts were considered sufficient evidence that the delay was not due to the applicants’ inactivity, but rather to structural difficulties in the consular system.

After verifying the genealogical documentation submitted by the family and the continuity of the Italian lineage, the Court recognized Italian citizenship for all applicants, also ordering the transcription of the relevant records in the Italian civil registry.

The judgment also provided that the costs of the proceedings be borne by the Ministry of the Interior.

The role of consular delays in judicial assessment

The ruling of the Florence Court fits into an emerging trend in Italian courts: recognition of citizenship cannot be conditioned exclusively on the administrative system’s ability to provide an appointment within a timeframe compatible with the protection of the right.

For many applicants, obtaining a consular appointment has for several years become a particularly difficult, if not impossible, obstacle, due to systems characterized by limited availability and waiting times often incompatible with citizens’ needs.

The problem concerns not only the initial booking but also the subsequent handling of applications, which is frequently slowed by the high volume of requests received by Italian diplomatic missions abroad.

Recent judicial decisions therefore seem to place greater emphasis on the applicant’s conduct: those who can demonstrate that they took action before the entry into force of the new legislation may assert their position even if they were unable to complete the formal administrative procedure.

Possible developments after Legislative Decree 36/2025

The ruling of the Florence Court is particularly significant in the context of the changes introduced by Legislative Decree 36/2025, which modified certain aspects of the rules governing Italian citizenship by descent.

Pending future constitutional and interpretative developments, court decisions show that the debate concerns not only the application of the new legislation, but also the protection of situations in which individuals had already expressed their intention to apply for citizenship recognition before the legislative change.

The Florence ruling therefore represents another step in the balance between the need for administrative regulation and the protection of rights deriving from Italian citizenship by descent.

For many descendants of Italians abroad, the ability to demonstrate concrete and documented attempts made before the reform may continue to be a decisive factor in future judicial assessments.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.