We’ve seen many applicants for jure sanguinis citizenship receive a denial from an Italian consulate that ended with this line:

“You may appeal to the Regional Administrative Court (TAR) within 60 days.”

This has understandably left many applicants scrambling to find lawyers before the deadline expires, fearing they’ll lose their right to citizenship forever. The truth is, that statement is technically incorrect in the context of citizenship-by-descent (jure sanguinis) cases and here’s why.

When is the 60-day rule applicable? 

In Italian law, the TAR (Tribunale Amministrativo Regionale) is competent only when a public authority exercises discretionary power; for example, when evaluating an application for naturalization or granting a business license. In those cases, the applicant has a legitimate expectation (not an absolute right), and the law imposes short deadlines (usually 60 days) to challenge the administrative act.

 

Why is a citizenship-by-descent application different?

However, jure sanguinis citizenship is completely different. It involves a subjective right (diritto soggettivo), meaning that the person is already an Italian citizen by law, if the family line satisfies the legal requirements. The consulate does not “grant” citizenship; it only recognizes a preexisting right.

Because of this, the TAR has no jurisdiction over jure sanguinis denials. The only competent authority is the ordinary civil court (Tribunale ordinario). And there is no time limit (no 60-day deadline) to file an action before the civil court.

To simplify:

Type of case	Competent court	Deadline to appeal
Naturalization (discretionary)	TAR	60 days
Jure sanguinis (by descent)	Civil Court	No deadline

Even in the field of citizenship by descent, jurisdiction is split:

• If the consulate fails to process your jure sanguinis application within two years, you can apply to the TAR for “inactivity” (silenzio-inadempimento).
• But if the consulate rejects your application, claiming, for instance, that your ancestor naturalized or that the line passes through a woman before 1948, then the case must go to the civil court, not the TAR.

In short, if your rejection letter mentions a 60-day deadline, don’t panic: it’s a standard administrative template that doesn’t apply to citizenship by descent. 

Your right to have your Italian citizenship recognized has not expired.

Understanding appeal timelines for jure sanguinis cases

A consular denial letter that references a 60 day appeal deadline can be misleading in citizenship by descent cases. While that timeframe applies to certain administrative decisions, it does not govern recognition of citizenship based on bloodline. In jure sanguinis matters, Italian law treats citizenship as a pre-existing right rather than a benefit granted by the state. 

As a result, challenges to a denial are handled through the ordinary civil court, where no fixed filing deadline applies. Understanding this distinction allows applicants to respond strategically and avoid unnecessary urgency or procedural mistakes.

Legal guidance for citizenship recognition matters

Aprigliano International Law Firm assists applicants worldwide with Italian citizenship recognition, including consular denials, civil court actions, and jurisdictional assessments. Each case is reviewed individually to determine the most appropriate legal path based on ancestry, documentation, and procedural history. Applicants seeking guidance may contact Aprigliano International Law Firm through the firm’s contact page or by email at info@apriglianoscom for tailored legal support and case evaluation.

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