Judicial Procedure by Paternal Descendence


Considering the administrative delay of more than 10 years by the Italian Consulates abroad for the effective recognition of Italian citizenship, as well as all cases in which the recognition of citizenship must be carried out, obligatorily, through the courts (Italian descent through the mother, descent trentina and other specific cases), the Italian lawyer Orsola Siclari, provides citizens with the right to dual citizenship with the judicial service for the recognition of Italian citizenship directly in Italy in the competent Court.

It is the right of the Italian descendant, to be recognized and declared an Italian citizen by blood right.

The judicial process is an excellent tool for the descendants of Italians who want to obtain recognition of the right to citizenship without living in Italy.

This type of judicial proceeding does not require the applicant to move to Italy, and can therefore be fully carried out by means of a judicial power of attorney issued to an Italian lawyer who will represent the applicant in the Court.

The average term for completing Italian citizenship through the courts would be an average of 12 months.

Recent jurisprudence from the Court of Rome, judged the actions proposed by Italian descendants (via paternal patents) to be totally valid, which were motivated by the long wait for recognition of Italian citizenship by the Consular Authority.

To bring action before the Italian Court, the applicant must prove:

  1. that the waiting list published on the Consulate's website has not yet included the applicant's name;
  2. that the amount of procedures to be analyzed by the Consulate, prevents the recognition of the applicant's citizenship within a reasonable time;
  3. approximate estimate of the number of years that the applicant must wait to have recognized his / her right (based on the current waiting list of the consulate in question).

During the process, the Court examines the documentation proving the offspring and issues a court order with which it recognizes the Italian citizenship of the applicants, ordering the competent authorities to transcribe the acts.

After the sentence has become final, we have sent the documents to the competent bodies, so that the claimants can obtain the Italian birth certificate, with which they can register with the Register of Italian Residents Abroad and request the passport at the Italian Consulate in the region where they live.

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