Authorities’ discretionality should consider each individual’s unique conditions
Council of State (Section III, judgment no. 6090/2025) accepted the appeal of a foreign citizen whose application for Italian citizenship by residency was denied due to insufficient income.
The case involves an applicant who was declared disabled while the application was pending making him unable to meet the income requirements established by the legislation in force at that time. The issue arises from insufficient income, and consequently failure to maintain the income requirement during the years in which the application is pending. This requirement must be satisfied until the decree is granted and the subsequent oath is taken.
Despite facing personal and professional challenges, the applicant immediately resulted in a proactive wishing to re-enter the workforce. This led him to register with the employment center, participate in training courses, and make multiple attempts to reintegrate into employment, ultimately securing a permanent contract following his already pending application. However, the Ministry of the Interior ascertained the lack of income requirements, denied it, citing a strict interpretation of the income thresholds established by law (Art. 3, D.L. 25 November 1989, n. 382).
The Lazio Regional Administrative Court initially upheld the rejection. Nevertheless, the judge of the Council of State overturned this decision, noting that while the income thresholds are a valid criterion for requesting citizenship, their rigid application creates a discriminatory effect, in contrast with constitutional principles of substantive equality (Art. 3) and the protection of people with disabilities (Art. 38).
In conclusion, within the ruling the judge invites authorities to carry out a broader, “forward-looking” assessments that consider not only the applicant’s current and ongoing economic situation but also their desire for workforce reintegration, their physical health status, and their potential to contribute to collective welfare.
This ruling paves the way for a more attentive interpretation of the rights of individuals with disabilities in citizenship grant procedures.
This article was written by Giuditta De Ricco and Irene Lauretta.
