Court Confirms That Consular Inaccessibility May Justify Direct Judicial Action for Citizenship Recognition
On May 12, 2026, the Italian Court of Cassation (First Civil Section) issued an important decision concerning Italian citizenship by descent (jus sanguinis), providing further guidance on access to judicial remedies in citizenship recognition cases following Italy’s recent citizenship reform.
In Ordinance No. 13818/2026, the Court addressed a question that has become increasingly significant in recent years: whether descendants of Italian citizens may seek judicial recognition of citizenship when excessive delays, appointment shortages, or other administrative obstacles at Italian consulates make it effectively impossible to initiate the administrative recognition process. These cases are commonly referred to as “denied justice” (denegata giustizia) claims.
The ruling arises against the backdrop of persistent consular backlogs that have affected thousands of applicants worldwide, particularly in countries where demand for Italian citizenship by descent has substantially exceeded available administrative resources. The Court was therefore called upon to determine whether access to the courts remains available when administrative channels are, in practical terms, inaccessible.
Although the decision concerns proceedings commenced prior to the entry into force of Italy’s 2025 citizenship reform, its reasoning provides important guidance on the relationship between administrative procedures and judicial protection of citizenship rights. As litigation concerning Italian citizenship law continues to evolve, Ordinance No. 13818/2026 is likely to become a significant reference point in future cases involving consular delays, appointment unavailability, and access to citizenship recognition procedures.
Background: Administrative Delays and Judicial Actions
For many years, applicants seeking recognition of Italian citizenship by descent have relied on a “dual-track” system: they may either pursue recognition administratively through their competent Italian consulate or municipality, or seek judicial recognition before the Italian courts.
However, increasing demand for citizenship recognition procedures has generated severe delays at several Italian consulates abroad, particularly in South America and increasingly in the United States, with applicants unable to secure appointments to submit their applications.
The present case originated from descendants of an Italian emigrant to Colombia who sought judicial recognition of their Italian citizenship jus sanguinis after repeated unsuccessful attempts to obtain an appointment at the Italian Embassy in Bogotá. The applicants filed their claim before the Court of Genoa prior to the entry into force of the 2025 Reform (commonly referred to as the “Tajani Reform”), arguing that their inability to access the administrative procedure justified direct recourse to the courts.
The Ministry of the Interior challenged the claim, arguing that the applicants lacked the necessary “interest to sue” (interesse ad agire) because they had not formally submitted an administrative application before commencing judicial proceedings.
Diverging Decisions of the Lower Courts
The Court of Genoa initially upheld the applicants’ position. On appeal, however, the appellate court reached a different conclusion. While acknowledging that a prior administrative application was not a formal procedural requirement established by law, the court held that such an application nevertheless constituted a necessary condition for demonstrating the applicants’ legal interest in bringing the matter before a judge.
The Court of Cassation’s Findings
The Court of Cassation overturned the appellate ruling and adopted a broader interpretation of the right to judicial protection in citizenship cases.
The Court reaffirmed that recognition of citizenship by descent concerns the acknowledgment of a pre-existing subjective right of constitutional importance, rather than the discretionary granting of citizenship by the administration. According to the Court, Italian citizenship jus sanguinis exists from birth when the legal requirements are met and therefore constitutes a permanent and inalienable right.
Importantly, the Court clarified that no law in force at the relevant time (prior to the 2025 Reform) required applicants to exhaust an administrative procedure before initiating judicial proceedings for citizenship recognition.
The Court then focused on the concept of interest to sue under Italian civil procedure. It emphasized that such an interest exists whenever an individual faces an objective state of uncertainty regarding a legal right that can only be resolved through judicial intervention.
The Court subsequently articulated what may prove to be the ruling’s most significant principle: judicial action is justified not only by an express denial of recognition or by excessive administrative delay, but also by administrative obstacles that effectively prevent applicants from submitting their citizenship applications in the first place.
According to the Court, when consular dysfunctions, appointment shortages, or excessive procedural barriers render access to the administrative process practically impossible, applicants suffer a concrete and current prejudice sufficient to establish a legitimate interest in seeking judicial recognition.
The Principle Established by the Court
The Court ultimately articulated the following principle of law:
“In actions seeking recognition of Italian citizenship status, the interest to sue exists not only in cases involving denial or delay in recognition of such status, but also where impediments, difficulties, or excessive delays prevent even the submission of the relevant application to the competent administration, since such circumstances create uncertainty regarding the individual’s status and the related rights and prerogatives.”
This principle may prove highly influential in future citizenship litigation, particularly in cases involving long-standing consular backlogs.
Broader Implications
Although the ruling does not directly address the substantive limitations introduced by Italy’s 2025 Reform, it nevertheless carries important procedural implications.
The decision appears to preserve access to judicial remedies for citizenship applicants despite increasing administrative difficulties. In doing so, the Court reaffirmed that citizenship jus sanguinis remains a protected subjective right whose recognition cannot be rendered effectively inaccessible through administrative inefficiency alone.
At the same time, the ruling leaves unresolved the broader questions concerning the constitutional interpretation of citizenship transmission rules, which continue to evolve through ongoing litigation before both the Constitutional Court and the Court of Cassation.
Next Steps
The decision is likely to become an important reference point for future citizenship-by-descent cases involving consular delays and restricted administrative access, especially for applicants residing in countries where appointment systems remain severely congested.
As litigation surrounding the 2025 Reform continues to develop, this ruling reinforces the principle that administrative barriers cannot, in themselves, deprive individuals of access to judicial protection for the recognition of citizenship rights.
At With_Papers, we closely monitor all significant legal and judicial developments relating to Italian citizenship. This enables us to provide timely, practical guidance to citizenship applicants and to help them navigate an increasingly complex legal landscape, whether they are preparing an application, facing consular delays, or evaluating available judicial remedies.
Contact us today for professional support and personalized advice—call With_Papers at 917-310-2246 or fill out our online contact form.
Article by avv. Isabella Rossi
Admitted to the Rome Bar