With Judgment No. 3821 of 15 May 2026, the Italian Council of State addressed the income requirement applicable to applications for Italian citizenship by residence pursuant to Art. 9 of Law No. 91/1992.
The ruling overturned the decision of the Regional Administrative Court (TAR) of Lazio, which had upheld the Ministry of the Interior’s refusal of citizenship to an applicant with a certified disability ranging between 77% and 99%, on the grounds that the declared income was insufficient to demonstrate economic self-sufficiency.
While confirming that the income requirement remains a condition for granting citizenship, the Council of State clarified that it is a discretionary parameter which the administration must assess based on the specific circumstances of each case through thorough and effective evaluation.
The Council of State ruled that a refusal based solely on an applicant’s failure to meet the income threshold without first conducting a comprehensive assessment of their overall financial situation and disability status is inconsistent with the principles of substantive equality and non-discrimination, as well as with the protection afforded to persons with disabilities under national and European law. This approach aligns with the Constitutional Court’s judgment No. 258/2017, which established that disability cannot be a barrier to exercising fundamental rights.
The decision represents a significant judicial precedent, paving the way for a more flexible and proportionate application of the income requirement, based on the applicant’s actual economic circumstances and capacity for self-support rather than on a merely formal assessment of the income threshold.
This article was written by Giuditta De Ricco and Irene Lauretta.
