Many applicants interested in Italian citizenship by descent (jure sanguinis) often wonder whether to pursue the court route or the consular route. The court application for Italian citizenship is an alternative to the consular process and can sometimes be the faster and more effective option. The traditional consular route through Italian embassies often involves years of waiting, while the judicial court petition can resolve cases in months.

Understanding these two pathways is crucial for making the right decision about how to apply for Italian citizenship. Both routes are used to apply for Italian citizenship and can ultimately result in Italian dual citizenship for eligible applicants. Each route has distinct requirements, timelines, and costs that can significantly impact your success and waiting time.

Consulate delays are a key reason many applicants seek the court route for Italian citizenship by descent, as long wait times for appointments can hinder the process. Together with the new restrictions introduced by the latest Italian citizenship law, these challenges push more people to consider the judicial path as a faster and more reliable alternative.

Overview of Italian citizenship application routes

Administrative (consular) route: applying through Italian consulates or municipalities

The consular route is the traditional method most people know about. You apply directly through Italian consulates in your home country or at Italian municipalities. When applying, you must submit relevant documentation, such as birth certificates and marriage certificates, to the local Italian consulate.

This process works well for straightforward cases with clear documentation. However, consulates currently face massive backlogs that create years-long delays.

Judicial (court petition) route: petitioning Italian courts, including “1948 cases”, minor age issue and other exceptional cases

The court route involves filing a legal petition in Italian regional courts. This pathway has gained popularity due to faster processing times and broader acceptance criteria. Applying for Italian citizenship through the Italian court or civil court is often necessary for direct descendants of an Italian born ancestor, especially in cases presented where consular applications are not possible.

Italian citizenship through court proceedings can handle complex cases that consulates might reject. Courts also accept cases involving pre-1948 female ancestors, which consulates cannot process. Moreover, the new Italian citizenship law has introduced additional restrictions, such as limitations on applications involving minor-age issues or descendants beyond the second generation. These new barriers make the court route for Italian citizenship by descent an increasingly necessary solution for many families.

When to consider the judicial route for Italian citizenship

Several specific situations make the court route more suitable than consular applications. These circumstances often involve legal complications or administrative delays. Issues such as generational limits, only Italian citizenship, and foreign citizenship frequently arise in these cases, and addressing them typically requires submitting essential documentation and necessary documentation to support a court petition.

1. Unlawful administrative delays and long consulate wait times

Many consulates now have wait times exceeding two years just for initial appointments. Some locations have completely suspended citizenship appointments due to overwhelming demand.

Courts typically schedule hearings within 3-9 months of filing. This represents a significant time advantage over consular processing. Applications must be filed before certain deadlines, often specified in Rome time, and each adult applicant is required to submit their own petition.

2. Maternal line descendants pre-1948 (the “1948 case”)

Italian women could not pass citizenship to their children before 1948. Prior to that year, Italian citizenship could only be transmitted through the paternal line or male line. Consulates cannot process these applications due to administrative limitations.

Courts can evaluate these cases under constitutional principles. Recent court decisions have affirmed that, under the Italian Constitution, equal rights must be recognized for descendants through female ancestors, eliminating gender-based discrimination in citizenship transmission. The judicial route is the only option for maternal line descendants born before 1948.

3. Rejected administrative applications due to unjust refusals

Sometimes consulates reject valid applications due to misinterpretation of laws or documentation requirements. Court petitions can challenge these refusals with proper legal representation, allowing applicants to claim Italian citizenship and obtain recognition of their status when administrative applications are unjustly denied.

Judges can review the full legal framework rather than following rigid administrative guidelines. This flexibility often leads to approval of previously rejected cases.

4. Minor age issue cases

The minor issue arises when an Italian-born ancestor voluntarily obtained foreign citizenship while their child was still a minor. In such cases, Italian authorities often argued that the child automatically lost the right to Italian citizenship because the parent had renounced it during the child’s minority.

It is crucial to note that in Italy, the age of adulthood was 21 until March 9, 1975, when it was lowered to 18. This means that for cases involving ancestors who naturalized abroad before that date, children under the age of 21 may be considered minors in the evaluation of their eligibility.

This issue is particularly relevant for many families of Italian descent whose ancestors emigrated in the early 20th century. Courts in Italy continue to review such cases, and recent legal strategies have successfully challenged overly restrictive interpretations. With proper legal representation, applicants can often overcome this obstacle and secure recognition of their Italian citizenship by descent.

5. People beyond second generation

Under the March 2025 decree and its conversion into law, descendants beyond the second generation have been excluded from consular recognition. However, courts remain competent to hear these cases, and constitutional challenges are already underway. Italian courts have consistently emphasized that citizenship acquired at birth cannot be retroactively revoked, making judicial petitions the only path for descendants beyond the second generation. While restrictions apply administratively, constitutional principles of equality and permanence of citizenship support recognition in court for later generations.

 

Process and procedure differences

The two application routes differ significantly in their procedural requirements and execution methods. Understanding these differences helps you prepare appropriately for your chosen pathway. The process can also vary depending on your Italian lineage, the specific Italian ancestor through whom you are claiming citizenship, and whether multiple family members are applying together.

Documentation and evidence requirements (vital records, apostilles, translations)

Both routes require comprehensive documentation including birth, marriage, and death certificates for your entire ancestral line. A birth certificate is a crucial part of the essential documentation package, as it serves as a vital record required for registering with Italian authorities and completing the citizenship process. All foreign documents need apostilles and certified Italian translations.

Filing locations and jurisdiction for court cases (municipality of ancestor’s birth)

Consular applications are filed at the Italian consulate serving your residence area. This geographic limitation can create significant delays in busy jurisdictions. In some cases, applications and registrations may also be processed at the relevant Italian municipality, especially when dealing with recognition of citizenship based on ancestral links.

Court cases must be filed at the regional court with jurisdiction over your Italian ancestor’s birthplace. This requirement allows you to choose from multiple potential venues if you have ancestors from different regions. You do not need to travel to Italy to file your case. Everything is handled through a power of attorney granted to your lawyer, which means the entire process can be managed conveniently from your home, without any travel required.

Differences in timelines: consular wait times vs court hearing scheduling (3–9 months)

Consular processing involves multiple stages: appointment scheduling, document review, and final decision. The entire process typically takes 18-24 months after securing an initial appointment.

Italian citizenship through court typically schedules hearings within 3-9 months of filing. Final decisions come shortly after hearings, making the total timeline significantly shorter.

Representation requirements: necessity of legal counsel in court cases

Consular applications can be completed without legal representation, though many people hire consultants for guidance. The administrative process is designed for self-representation.

Court petitions require qualified Italian legal counsel due to procedural complexities and formal legal requirements. Attorneys handle all filings, communications, and hearing representation.

Ability to include multiple petitioners in one court case vs individual consular appointments

Consulates typically process applications individually, even for family members applying together. Each person needs separate appointments and documentation review.

Courts allow multiple related petitioners to file joint cases, which can reduce costs and processing time. Family members can combine their efforts under one legal proceeding. Multiple family members who share the same Italian ancestor can file a single court case together, making the process more efficient and cost-effective.

Italian citizenship through court: detailed court procedure

The judicial process follows specific legal procedures that differ significantly from administrative applications. Understanding these steps helps set proper expectations for court petitions. Most court petitions are based on citizenship by descent, specifically Italian citizenship jure sanguinis, which is grounded in the principle of jus sanguinis, meaning citizenship is transmitted through an Italian ancestor according to Italian law.

Filing the petition at the competent court

Your attorney files a formal legal petition at the regional court with jurisdiction over your ancestor’s birthplace. The petition must include all relevant documentation, necessary documentation, and a certified copy of each vital record, along with all supporting documentation and legal arguments.

Filing fees and court costs are paid at this stage. The court assigns a case number and schedules proceedings according to their calendar.

Electronic submissions, hearing management, and evidence evaluation

Most Italian courts now use electronic filing systems for case management. Your attorney submits documents and communications through these digital platforms.

Judges review all evidence and may request additional documentation before scheduling hearings. The evaluation process is thorough but typically faster than consular review.

Judgment issuance and registration of citizenship with municipalities and consulates

Courts issue formal judgments declaring your citizenship status after reviewing all evidence. These judgments have immediate legal effect upon issuance, resulting in citizenship recognition for eligible applicants.

After obtaining Italian citizenship through the court judgment, you must register the decision with the local Italian consulate to obtain recognition of your status and access consular services. Registration with municipalities and consulates follows the court decision. This administrative step completes the process and enables passport applications.

No requirement for petitioner’s presence in Italy at hearings

Applicants do not need to travel to Italy for court proceedings. Your attorney represents your interests at all hearings and procedural steps.

This remote participation eliminates travel costs and scheduling complications. The entire process can be completed from your home country.

Making the right choice: Italian citizenship through court vs consular applications

The choice between consular and court applications depends on your specific circumstances, timeline needs, and case complexity. Italian citizenship through court offers faster processing and greater flexibility for challenging cases, while consular routes may suit straightforward applications when delays are acceptable. Understanding the key differences between these pathways, from documentation requirements and processing times to legal representation needs, enables you to make an informed decision about your citizenship application strategy.

Recent legislative changes have added complexity to both routes, making professional guidance increasingly valuable for navigating evolving requirements and maximizing success rates. Whether you choose the judicial route for its speed and flexibility or the consular route for its traditional approach, proper preparation and accurate documentation remain critical factors. The court route particularly benefits applicants with pre-1948 maternal line cases, complex family histories, minor age issue cases, people beyond second generation or those facing unreasonable consular delays, while offering the advantage of combining multiple family members in a single proceeding.

Aprigliano International Law Firm, we specialize in guiding clients through the complex legal processes of Italian citizenship applications, ensuring a seamless and convenient experience regardless of which route best suits your case. With over 20 years of experience in immigration law and our innovative, technology-driven approach, we provide personalized solutions tailored to each client’s unique circumstances and timeline requirements. Our multilingual team of legal professionals understands the intricacies of both consular and judicial pathways, enabling us to offer strategic advice that maximizes your chances of success while minimizing delays and complications.

We recognize that time is essential to our clients’ success, which is why we focus on efficient, precise, and rapid solutions backed by proven multidisciplinary expertise. Our client-focused organizational model ensures that you receive the individual attention and customized service necessary to navigate evolving Italian citizenship laws and requirements successfully. Whether you’re seeking to become an Italian citizen through the court route or the consular pathway, we provide comprehensive support throughout the entire process.

Contact us today if you need expert guidance on determining which path is best for your Italian citizenship case. We’re here to help you make informed decisions and achieve your citizenship goals efficiently. Take the first step now by completing our free eligibility check, it’s the easiest way to understand your options and start your journey.