Italian Citizenship by Judicial Process: The Complete Guide After the 2025 Reform

If the 2025 Italian Citizenship Reform changed the rules of the game, it turned the judicial path to Italian citizenship into the main field for most descendants. What was once an alternative is now the standard path for great-grandchildren, great-great-grandchildren, and all those who saw the consulate doors close on their cases.

The idea of a legal process in Italy can seem intimidating, complex, and expensive. But it doesn’t have to be. This guide was created to demystify each step, bringing clarity on what to expect, how to prepare, and why this path, although different, remains a viable and secure route to the recognition of your right.

Let’s dive into how Italian courts work, the necessary documents, and the step-by-step process that will take you from a dream to a positive judgment. This is your definitive manual for the judicial journey.

Why Did the Judicial Path Become the Only Option for Many Descendants?

The answer is straightforward: the 2025 Reform sought to relieve the immense overload on Italian consulates abroad. With queues that could last over a decade, the administrative system was on the verge of collapse. The Italian legislator’s solution was to drastically restrict consular services.

The new law limited the administrative process in consulates only to children and grandchildren of Italians born in Italy. As a result, all other descendants, starting from great-grandchildren, were automatically directed to the Italian judicial system to have their iure sanguinis (by right of blood) right recognized.

Who Should File for Citizenship via the Judicial Path?

With the new rules, the audience for the judicial process has become much broader. Here are the main groups that should follow this path:

Great-Grandchildren, Great-Great-Grandchildren, and Descendants of Distant Generations

This is the largest group affected by the reform. If your Italian ancestor is your great-grandfather, great-great-grandfather, or earlier, you can no longer apply through the consulate. Your right must be claimed before a judge in Italy, proving the uninterrupted line of descent.

Cases of Excessive “Consular Queues”

Even before the reform, the judicial path was already a solution for those unwilling to wait years in the consulate queue. This route remains valid. If a consulate fails to meet the legal deadline of 24 months to process an application, the applicant can take legal action in Italy, arguing that the excessive delay is equivalent to a denial of their right.

Cases Through the Maternal Line (Born Before 1948)

The judicial path has always been the way for descendants of Italian women who had children before January 1, 1948 (the date of the Italian Constitution that guaranteed gender equality). The 2025 reform merely reaffirmed that these cases fall under the exclusive jurisdiction of the courts, consolidating a practice that was already well-established in case law.

The Judicial Process Step by Step: A Detailed Journey

Unlike the administrative process, judicial Italian citizenship is handled by lawyers. You do not need to travel to Italy; your legal representative will take care of everything. Here are the steps:

Step 1: Hiring an Italian Lawyer

The first and most crucial step is to hire a lawyer licensed in Italy and specialized in citizenship. They will be your eyes, ears, and voice before the Italian justice system. Choosing a competent professional is decisive for the success of the case.

Step 2: Document Collection and Analysis

You will gather all the necessary documentation (birth, marriage, and death certificates, from the Italian ancestor to yourself). Your lawyer will conduct a thorough analysis to ensure everything is correct before proceeding with translations and apostilles.

Step 3: Filing the Lawsuit in the Competent Court

With the documents ready and a power of attorney signed by you, the lawyer drafts the initial petition and files the action in the competent Italian court. With recent changes, specialized immigration courts have been created, and your case will be directed to the correct forum.

Step 4: The Process Phases and Hearings

After filing, the process follows its course. The judge analyzes the petition, may request additional documents, and schedules a hearing. In the vast majority of citizenship cases, the applicant’s presence is not required. The lawyer attends and presents the arguments and evidence.

Step 5: The Judgment and Finality (“Trânsito em Julgado”)

At the end of the analysis, the judge issues the judgment. If it is positive, it recognizes your right to citizenship. It is necessary to wait for the “trânsito em julgado,” a legal period after which no more appeals can be made against the decision, making it final.

Step 6: Transcription of Documents

With the final judgment in hand, the lawyer requests that the Comune (municipality) where your ancestor was born transcribe your civil records (birth, marriage) into the Italian registers. After this step, you are officially an Italian citizen and can apply for your passport.

Documents Required for the Judicial Action

The list of documents is the backbone of the process. You will need:

• From the Italian Ancestor: Birth Certificate (Estratto dell’Atto di Nascita) and Marriage Certificate, issued by the Italian Comune.
• Certificate of Non-Naturalization: Proof that the ancestor did not naturalize as a citizen of another country before the birth of their child who continues the lineage. This is a crucial document issued by the immigration authorities of the country where the ancestor settled.
• From the Entire Line of Descent (to you): All birth and marriage certificates in the certified, “long-form” or “unabridged” format required by Italian law.
• Sworn Translations: All documents issued in a language other than Italian must be translated into Italian by a certified or sworn translator.
• Hague Apostille: All original documents and their respective translations must be apostilled to be legally valid in Italy.

Costs of Judicial Citizenship: How Much to Prepare?

The judicial process involves higher costs than the administrative one, but it offers more security and predictability. You should plan for legal fees, court costs, and document preparation expenses.

Timelines and Expectations: How Long Does the Judicial Process Take?

Although the legal deadline for the conclusion of the process has been extended to up to 48 months by the new law, practical experience shows that the judicial path to Italian citizenship can be faster than consular queues. On average, processes take 2 to 3 years, from filing to the final judgment. However, each case is unique, and the time may vary.

The End of the Dream? No, Just a New Path

The mandatory nature of the judicial path may, at first glance, seem like a wet blanket on the dream of many descendants. However, it is essential to see it for what it really is: a restructuring of the journey, not a cancellation of the destination. The path has become more formal and requires qualified assistance, but in return offers a solid legal structure and more defined timelines.

Is It True That Citizenship for Great-Grandchildren and Beyond Has Ended?

No, this is a recurring and incorrect rumor. The right to Italian citizenship by descent (jus sanguinis) has no generation limit. What the 2025 Reform changed was the procedure, not the right itself. The administrative route (consular) was restricted, but the judicial route was established as the official path for great-grandchildren, great-great-grandchildren, and subsequent generations to have their right by blood duly recognized under Italian law.

Continue Your Research

To get a complete picture of your journey to Italian citizenship, explore our other essential guides:

• ➡️ How Much Does It Cost?: See a complete breakdown of all expenses.
• ➡️ The B1 Language Certificate: Learn about the mandatory language requirement.
• ➡️ The 2025 Reform Explained: Review all the rules that have changed.