What the Latest Court of Cassation Decision Means for Applicants Facing Consular Delays
Consular delays and the right to go to Court
The Italian Court of Cassation – First Civil Division, has issued an important decision on Italian citizenship by descent (Italian Citizenship iure sanguinis) with Order No. 13818 of 12 May 2026. The case addressed a key issue frequently arising in Italian citizenship claims: the right to go to court when it is difficult or impossible to start the administrative procedure through Italian consulates abroad or Italian municipalities or to see the procedure completed within the legally prescribed timeframe of 24 months.
The case in brief
In the case at hand, several descendants of an Italian ancestor who had emigrated abroad applied to the court seeking judicial recognition of their Italian citizenship status. The Court of Appeal of Genoa declared the claim inadmissible, holding that applicants should have first submitted their application through the competent consular authority.
The Court of Cassation overturned this decision, confirming that the right to bring an action for Italian Citizenship recognition cannot be excluded merely because no prior administrative application has been filed, especially where access to the consular procedure is affected by systemic delays.
The Court reaffirmed that Italian citizenship is a fundamental, permanent, and imprescriptible legal status, and that any uncertainty regarding this status must be resolved through judicial proceedings before Italian courts.
When a Court action is admissible?
The Court clarified that actions for the judicial recognition of Italian Citizenship are admissible not only in cases of explicit refusal or administrative delay, but also where individuals are prevented from submitting their application due to systemic obstacles or excessive procedural burdens. In such circumstances, a state of legal uncertainty arises in relation to citizenship status and the rights attached to it, justifying direct access to the courts.
Are you facing Consular delays?
If you are currently experiencing significant delays in booking an appointment with the Italian consular authorities or are facing other practical difficulties in accessing the citizenship application process, you may contact us to explore your available options.
Article written by Giuditta De Ricco and Antonia Manicone
