ITALIAN CITIZENSHIP THROUGH THE COURTS
Applying for Italian citizenship through the courts
With the passing of time these cases are reducing but we still have cases in which we have to apply for Italian citizenship through the courts. At Trámite Italia we help you to obtain Italian citizenship through the courts and to file the application in the correct way.
Who has to apply for Italian citizenship in court?
Since the 1st January 1948, when the Constitution of the Italian Republic came into force, Italian citizenship is transmitted by descent via the mother. That is to say that children born after the entry into force of the Republic could apply for Italian citizenship through administrative channels.
But what about children born before 1 January 1948?
It is clear that the law contains a clear discrimination with regard to citizenship. Today the law has been amended and descendants of Italian women born before 1948 have the right to obtain Italian citizenship.
Unfortunately, for legal reasons, they cannot apply for Italian citizenship through administrative channels or through the competent Consulate.
In these cases, the only way to obtain Italian citizenship is through the judicial process. With the process the discrimination is reversed and with the obtaining of the judicial sentence that recognises the right to Italian citizenship to the living descendants born before 1948.
How long does the court procedure take?
The application through the courts takes longer, as it is a procedure in Italy. It is well known that proceedings in Italy take a long time, so be prepared for delays of up to 2 years.