Italian citizenship through judicial proceedings

Court proceedings were for a long time the means of obtaining recognition of citizenship for descendants through the maternal line born before 1948 and in cases of administrative inaction. The 2025 reform has substantially altered the conditions for such proceedings. The Firm first assesses whether the conditions for bringing an action are met.

Proceedings brought by 27 March 2025

Proceedings brought by 23:59 on 27 March 2025 continue to be governed by the previous law. These include, in particular, actions concerning the maternal line: before 1 January 1948 an Italian woman did not transmit citizenship to her children, and this line is not recognised in administrative proceedings. The Firm can take on the representation in pending proceedings or verify their status.

Proceedings brought subsequently

Proceedings brought after 27 March 2025 are governed by art. 3-bis of Law 91/1992: recognition by descent requires a parent or grandparent holding exclusively Italian citizenship, or two years' residence in Italy by the parent before the birth of the child. The reform has also introduced the following procedural rules (art. 19-bis Legislative Decree 150/2011):

• in citizenship disputes, the decisory oath and witness evidence are not admissible;
• the burden of proving the absence of grounds for non-acquisition or loss of citizenship lies with the claimant.

The question pending before the Court of Justice of the European Union

By order no. 147/2026 the Constitutional Court referred to the Court of Justice of the European Union the question of the compatibility of art. 3-bis with European Union law; some proceedings have been stayed pending the ruling. No general stay is, however, in place and the provision continues to apply. The Firm assesses, case by case, whether and when an action should be brought.

Jurisdiction and court fee

• Jurisdiction lies with the courts' specialised immigration divisions; for claimants resident abroad, as a rule, the court of the place of birth of the Italian ancestor.
• The court fee (contributo unificato) amounts to 600 € per claimant, including where the claim is brought jointly (art. 13, para. 1-sexies, D.P.R. 115/2002).
• The duration of the proceedings depends on the competent court and cannot be predicted with certainty.

Fees

The Firm issues a detailed, no-obligation quote following the preliminary assessment.

Ways to Italian citizenship

Sources: Law 91/1992, art. 3-bis · Decree-Law 36/2025 converted into Law 74/2025 (including art. 19-bis Legislative Decree 150/2011) · D.P.R. 115/2002, art. 13 para. 1-sexies (Law 207/2024) · Ministry of Justice, circular of 16/01/2025 · Constitutional Court, order no. 147/2026. Information only, updated September 2026; it does not constitute legal advice on any individual case.