Legal and administrative defense in Italian public bodies

The request for recognition of Italian citizenship iure sanguinis, in addition to the judicial process in accordance with legal actions, can also be presented administratively: through an application to be presented to the consular authority, in the case where the applicant resides abroad; or to the municipality of residence, if the applicant resides in Italy. This is established by circular K28.1 of 1991, i.e. "Applications for recognition of Italian citizenship pursuant to art. 1 of Law No. 555, of June 13, 1912, must be addressed to the Prefect of the Italian Municipality of residence , or to the Italian Consul within whose consular district the foreign applicant of Italian origin resides".

The Mignacca law firm, with years of experience, is able to provide reliable advice on the legal requirements and necessary documents, so that the application presented is functional for obtaining citizenship. For this reason, after careful analysis of the dossier, we sent the application online, with it being mandatory to submit it through the Ministry of the Interior's telematic system. The wait can sometimes be long, so our team monitors and possibly requests the administrative procedure, which is very important to try to obtain Italian citizenship as quickly as possible.

Sometimes, the deadline for obtaining Italian citizenship at Consulates (overloaded with applications) is abnormal, violating the individual right to recognition of citizenship. And it is precisely here that the possibility for the applicant to appeal to the territorially competent Italian Court comes into play, as per the ruling of the Court of Rome, order of November 11, 2019 of the "Personal Rights and Immigration Section", where it is clearly seen that "The uncertainty regarding the request for recognition of the Italian civitas status iure sanguinis and the passage of an unjustified period of time in relation to the interest claimed, which also entails damage to the interest itself, amount to a refusal to recognize the right, justifying the 'interest in resorting to the judicial protection'.

Our office will advise you on the best route between the administrative route and the judicial route, after careful analysis of all necessary documents and verification of the existence of a waiting list at the competent Consulate that denies and impedes personal rights.administrative-legal-defense