Did you try to get an appointment but failed? You may still be recognized under the previous rules. Let’s look at the case.
Another positive decision has been secured by our firm before the Court of Palermo, in a case filed after the entry into force of the new law. Although the applicants would no longer qualify for Italian citizenship under the current legal framework because their qualifying ancestor falls beyond the newly introduced generational limit, the Court recognized their citizenship on the grounds that they had been prevented from exercising their rights due to the prolonged delays and administrative inefficiencies of the consular authorities in obtaining an appointment.
Case in detail
The applicant had taken timely steps to apply for recognition of her Italian citizenship through the competent Italian Consulate. Her original appointment was cancelled due to the COVID pandemic, and when a new appointment was eventually offered more than a year later, documented medical circumstances prevented her from attending. Despite immediately requesting a new date and making repeated attempts to secure another appointment, the Italian Consulate failed to provide one.
Applicability of article 3-bis of Law No. 74/2025
The Court held that the applicant’s case falls within the scope of Article 3-bis of Law No. 74/2025, which provides that Italian citizenship may be recognized where an application had been submitted to the competent consulate by 11:59 p.m. (Rome time) on 27 March 2025, or where a consular appointment had been confirmed by that date through the Prenot@mi system.
Although the applicant would not qualify under the current generational limit, the Court found that she had timely secured a consular appointment, which was subsequently cancelled by the authorities. When a replacement appointment was offered, she was unable to attend for documented reasons beyond her control and, despite promptly requesting a new appointment, was unable to obtain one because of the consulate’s administrative inefficiencies. The Court therefore recognized both her and her daughter’s Italian citizenship.
Stay alert
Once the judge issues a ruling, a specific period must be observed before the decision becomes final. It is therefore important to verify whether the appeal deadline has expired, as the Ministry may still challenge the ruling. Moreover, with decisions from the CJEU and the Constitutional Court still pending, the legal landscape remains uncertain.
Why is this decision deemed important?
This ruling is particularly significant because it suggests that Article 3-bis should not be interpreted restrictively as applying only to applicants who still held a confirmed appointment on 27 March 2025. Rather, in appropriate and well-documented circumstances, its scope may also extend to applicants who had already taken timely steps to exercise their rights but were unable to submit the citizenship application due to the inefficiencies of the consular authorities.
This interpretation also appears consistent with a recent Italian Court of Cassation decision, which held that judicial recognition is available not only in cases of denial or delay, but also where administrative inefficiencies prevent an applicant from even submitting their request (Cass., Sez. I, n. 13818/2026).
Does this mean that all cases filed in Palermo will be successful?
This decision, undoubtedly satisfying for both the client and our team, should not be taken to mean that the Court of Palermo consistently adopts this positive approach. Each judge retains full discretion in interpreting and applying the law, and different conclusions may be reached even within the same court. As always, each case is unique and its outcome depends on the evidence/documents presented.
To receive a preliminary assessment, contact our Citizenship team: citizenship@mazzeschi.it
This article was written by Giuditta De Ricco and Greis Muca.
