On 12 May 2026 Italy’s highest Court of Appeal (Corte di Cassazione) issued ruling 13818/2026, clarifying that applicants for citizenship jure sanguinis may bypass the consular appointment step when the administration makes filing an application practically impossible.
Background
- Applicants had obtained a favorable judgment from the Court of Genoa recognizing their right to Italian citizenship by descent.
- The Ministry of Foreign Affairs appealed; the Genoa Court of Appeal dismissed the claim, arguing that the plaintiffs lacked standing because they had not first submitted a formal application at the relevant consulate.
- The applicants argued that, in reality, they could not secure any consular appointment. Official notices indicated that jure sanguinis appointments had been suspended after the 2020 health emergency, with no resumption date announced.
The Corte di Cassazione Decision
- The Court held that when an administration creates a de‑facto barrier to filing an application, the requirement to first submit a formal request cannot be enforced.
- It reaffirmed that jure sanguinis citizenship is a pre‑existing right from birth, not a privilege granted by the consulate or municipality.
- “Interest to sue” exists not only after an explicit refusal or delay, but also when concrete obstacles prevent the administrative process from being initiated.
Legal Implications
- Direct Judicial Access: Applicants who cannot obtain a consular appointment may bring their citizenship claim directly before the courts, without first completing the administrative step.
- Recognition of Birthright: The ruling underscores that Italian citizenship by descent is a birthright; administrative hurdles that block access to the procedure can cause real harm to already‑eligible individuals.
- Potential Influence on the Taiani Decree: The decision may be relevant to the upcoming Constitutional Court review of the Taiani decree (scheduled for June). Since the Corte di Cassazione recognized jure sanguinis as a birthright, the Constitutional Court could consider this principle when assessing the decree’s compatibility with the Constitution.
Practical Take‑aways for Applicants
- Document Obstacles: Keep records of attempts to secure consular appointments and any official communications indicating suspension of services.
- Consider Judicial Action: If appointments remain unavailable, applicants can file a lawsuit alleging that the administrative route is effectively blocked.
- Monitor Legislative Changes: The pending Constitutional Court review may affect the procedural landscape; stay informed of any amendments to the Taiani decree or related regulations.
While each case depends on its specific facts and supporting documentation, ruling 13818/2026 provides a clear precedent for applicants who have been prevented from accessing the consular process through no fault of their own.
