Italian Citizenship By Judicial Means

Author:Mr Calogero Boccadutri
Profession:Boccadutri International Law Firm

The time is being lengthened to obtain Italian citizenship by judicial means, and how to carry on if citizenship efforts are already underway.

Italian citizenship is obtained through descent or can be acquired in the presence of specific circumstances:

be born or have been adopted in Italy; being descendants of Italians; being a spouse of an Italian citizen; living in Italy; be employed by the Italian State. Except in the case in which the ascendants for which recognition is requested are female (read how to obtain citizenship through a female succession line, a situation that obliges the person concerned to take legal action by appealing to the ordinary civil court of Rome), the citizenship applicant, once legitimacy has been acknowledged, has the right to decide whether to wait for the administration's time or whether to act judicially against the administration.

On November 27, 2018, the Chamber approved bill 840/2018, which makes changes to legislation on security and immigration, without changes to the version already passed in the Senate on November 7th.

If the silence of the State has so far been a point of appeal for various applications of Italian citizenship who have remained in "limbo" for years, the new regulations are likely to eliminate with a swift stroke any residual hope of being recognized as an Italian citizen in reasonable time.

The previous law 91/1992, which demanded resolution of application procedures within a 24 month period, has been violated by the State in countless cases.

After analyzing the waiting time to obtain citizenship, and in relation to the number of applications submitted, the Ministry of the Interior evaluated that the lack of response within the 24 months as caused by the short time available to respond, so he thought well to double it.

By the admission of the same Minister Salvini, the State struggles to dispose of the applications also, and above all, because of the enormous amount of counterfeit documents.

The Safety Law Decree

The Decree Law of October 4, 2018, n. 113 concerning "security and immigration", renamed by the media "The Salvini Decree", came into force after approval by the Chamber and the subsequent consent of the President of the Republic.

In article 14 the decree indicates in forty-eight months the new period of time in which the Italian State is obliged to respond to those requesting Italian citizenship.

Law 91 of 5 February 1992 had previously set the waiting limit to...

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