Those who were unable to schedule an appointment at the Italian consulate did not lose their right to citizenship. That, in essence, is the conclusion of... Italian Supreme Court of Cassation In ruling no. 13818/2026, published on May 12, 2026, the court established that impediments, delays, and blockages imposed by the consular authorities themselves are sufficient legal grounds to directly resort to the courts.
The decision also reaffirms that the right to citizenship by descent (jure sanguinis) is permanent and imprescriptible, existing from the holder's birth. This statement contradicts the position of... Italian Constitutional Court, which in March 2025 classified this same right as precarious until formal recognition.
The established legal principle
In the final ruling, the Court established the following rule, which is mandatory for the referring judge: “In matters of action for recognition of Italian citizenship status, there is a legitimate interest in bringing an action not only in cases of refusal or delay in the recognition of that status, but also in cases where impediments, difficulties or delays occur that prevent even the submission of the respective application to the competent Administration, since such a situation generates uncertainty about the status and the related rights and prerogatives of the holder.”
The Court added that the interest in bringing an action does not need to exist before the lawsuit is filed. It can also arise during the course of the proceedings, including when the opposing party contests the right in court.
Queues as proof
The case that led to the decision involves descendants of an Italian citizen who emigrated to Colombia and who unsuccessfully tried to schedule an appointment at the Italian Embassy in Bogotá. The Embassy itself had published a notice on its website stating that there was no date scheduled for the resumption of citizenship by descent services due to the Covid-19 pandemic.
The Court considered this type of documentation decisive. According to the court, the obstacles created by the Administration itself to prevent the submission of an application are legally equivalent to a denial of recognition of the right. For the lawyer Marco MelloneThe decision certifies "the illegality of the consulate queues and all other forms of obstruction by administrative authorities," he told Italianismo.
The right that a person is born with
The ruling defines the right to citizenship iure sanguinis as "an absolute subjective right of primary constitutional relevance, existing from the moment of the holder's birth, which is permanent and imprescriptible in nature." This definition appears twice in the text and is supported by precedents from the Sezioni Unite of the Court of Cassation itself, from 2009, and from the First Section, from 2014.
This qualification is relevant for those who were unable to file an administrative or judicial request before March 28, 2025. According to Mellone, those who were left out due to consular delays "clearly cannot be considered guilty, late, or inactive," since these same delays justify filing a lawsuit.
What comes next
The Sezioni Unite of the Court of Cassation, Italy's highest instance for the uniformization of jurisprudence, were specifically consulted about the divergence between the two courts and have already been informed of the Constitutional Court's position. A decision is expected soon.
Mellone believes that the current sentence "may be a prelude to the imminent sentence of the Sezioni Unite". whose hearing took place on April 14and highlights that the reaffirmation of the imprescriptible nature of the right, repeated twice in the decision, "is very significant."
