In recent years, the path to Italian citizenship by descent (jure sanguinis) has become more complex due to evolving legal interpretations. A recent reinterpretation of Italian law, specifically the “Minor Issue,” has brought new challenges for Italian Americans seeking to claim citizenship through ancestral ties. This development underscores the increasing importance of judicial solutions—particularly the option to file a Denial of Justice Petition in Italy’s lower courts.

This article explains why, despite new restrictions on citizenship eligibility due to the “Minor Issue,” the Italian lower courts remain a highly effective and often superior option for applicants. By embracing the judicial system, applicants can sidestep bureaucratic hurdles and secure their rightful citizenship.

Understanding the “Minor Issue” and Its Impact on Citizenship Applications

The “Minor Issue” refers to a legal interpretation that affects individuals seeking Italian citizenship by descent when their ancestor lost Italian citizenship due to naturalization in another country while their child was still a minor. The Italian government has recently clarified this issue, stating that children of naturalized Italian citizens who were minors at the time of their parents’ naturalization will not be able to claim citizenship through their parent. This has been a significant setback for many applicants who previously believed they had a straightforward path to Italian citizenship.

This shift stems from a preference on the interpretation of Article 12 of Law 555 of 1912, which limits the ability to pass down citizenship under these circumstances. As a result, many Italian Americans who previously had clear claims to citizenship are now facing denials, especially when applying through administrative pathways; e.g Italian consulates in the US or within communes in Italy. The new Ministry of the Interior circular, issued in October 2024, makes it more difficult for applicants in this situation to claim citizenship through consular or municipal processes. However, this is not the end of the road for those impacted by the Minor Issue.

The Lower Courts: A Judicial Path to Citizenship by Descent

While consulates and municipalities are bound by the new guidelines, the Italian judicial system operates independently. This is a crucial point. According to Italian attorney Marco Ponan, the lower courts in Italy are still approving cases involving the Minor Issue, despite the recent ministerial communication. Importantly, the courts are not bound by the Supreme Court’s decisions or the Ministry’s latest circulars, making them an ideal path for many applicants affected by the Minor Issue.

Italian judges have considerable discretion and are not required to follow Supreme Court precedents, which in the U.S. would be considered binding. This means that the lower courts often adopt a more flexible and historically nuanced interpretation of Italian citizenship laws. As Marco Ponan explains, this provides applicants with a greater chance of success, even when consular channels are closed to them.

Moreover, as many applicants know, obtaining appointments at consulates in the U.S. has become a major obstacle. Many applicants are turning to the Italian courts simply because consulates are overwhelmed and cannot process applications in a timely manner. Italian courts, by contrast, offer a faster, more efficient route to citizenship, with processing times averaging between 12 and 18 months, depending on the region. This is a significant improvement over the multi-year wait times consular applicants often face.

Why Lower Courts Offer a Better Path to Citizenship

1. Higher Success Rates: Italian courts have a history of approving cases involving ancestors who became naturalized while their children were minors. Judicial precedent has been established in many regions, particularly those with high emigration rates like Campania and Sicily, where judges are familiar with the complex nature of citizenship cases. As Marco Ponan states, the trend is overwhelmingly positive, with the majority of courts still approving cases despite the Ministry’s recent directive. The Minor Issue is, therefore, far less of an obstacle in the courts than it is with consulates.
2. Independence from Ministerial Directives: Unlike consulates, which are constrained by the new ministerial guidelines, Italian courts are free to interpret laws based on judicial precedents. This means that judges may grant citizenship in cases that consular officials might deny due to rigid adherence to the Ministry’s directives. As Marco explains, the Italian judicial system frequently interprets the Minor Issue more favorably, recognizing applicants’ right to citizenship when the administrative process would deny it.
3. No Appointment Backlogs: A key advantage of the court system is the ability to bypass consular backlogs. While consular offices can delay applications for years due to a lack of appointments, those filing through the courts can have their cases processed much faster, providing a much more reliable and direct route to obtaining citizenship.
4. Multiple Ancestors May Provide Additional Pathways: As Marco Ponan points out, applicants may have multiple ancestors to consider when filing for citizenship. Even if one ancestor’s naturalization caused a disruption, applicants can explore other ancestors, such as a mother who either never naturalized or who was naturalized involuntarily due to her husband’s naturalization. This opens up multiple potential pathways for citizenship, allowing applicants to use alternative family lines that might not be affected by the same issues.
5. Flexibility in Citizenship Claims: In cases where both male and female ancestors were naturalized when their children were minors, Italian courts offer the flexibility to pursue claims through different ancestral lines. If an applicant’s male ancestor’s naturalization interferes with their claim, they may still succeed by pursuing the female ancestor’s line, particularly if she was naturalized automatically and involuntarily prior to 1922.

The Denial of Justice Petition: A Key Legal Remedy

For applicants facing lengthy consular delays or denials due to the Minor Issue, the Denial of Justice Petition offers an important recourse. Italian law allows applicants to file a Denial of Justice Petition when they face undue delays or denials in consular proceedings. This petition seeks judicial intervention to ensure applicants’ rights are upheld. Importantly, the judicial system is independent from the Ministry of the Interior, meaning it is not constrained by recent interpretive changes that have affected consular applications.

As Marco Ponan highlights, the Denial of Justice Petition allows applicants to bypass consular delays and have their cases heard by a regional court, where the likelihood of a favorable ruling is much higher. The court’s ability to interpret laws flexibly and apply precedents favorable to applicants makes it a powerful tool for those who have been denied due to the new minor issue.

How to File a Denial of Justice Petition

1. Compile Documentation: Gather all necessary documents to prove your ancestry, including birth, marriage, and naturalization records.
2. Legal Representation: It’s advisable to hire an attorney familiar with Italian citizenship laws to file the petition. Expert legal counsel ensures compliance with the court’s procedures and strengthens your case.
3. File in the Correct Regional Court: Cases must be filed in the court of the region where your Italian ancestor was born. Italian courts often take an empathetic approach to local heritage cases, which can work in your favor.
4. Prepare for Hearings: While some cases may require court appearances, most can be resolved through thorough documentation and strong legal representation, without prolonged litigation.

Conclusion: Why Italian Lower Courts Are the Ideal Path for Citizenship

For Italian Americans navigating the complexities of the Minor Issue, the lower courts provide an invaluable and often more effective path to Italian citizenship. These courts offer faster processing, higher success rates, and a more flexible interpretation of the law, making them an ideal option for applicants who might otherwise be denied through consular channels. By filing a Denial of Justice Petition and pursuing judicial relief, applicants can secure their rightful place in Italy’s rich cultural heritage, preserving their connection to Italy for future generations.

If you have encountered delays or denials in your citizenship process, or if you are facing challenges due to the Minor Issue, contact Global RCG today to explore your options through the Italian courts. Don’t let bureaucratic changes sever your ties to Italy—file your Denial of Justice Petition and reclaim your heritage.

FAQs About The Minor Issue

What is the "Minor Issue" in Italian citizenship by descent?

The "Minor Issue" is a recent legal interpretation affecting citizenship claims where an Italian ancestor lost their citizenship through naturalization while their child was still a minor. According to the new Ministry of the Interior circular from October 2023, children of naturalized Italian citizens who were minors at the time of their parents' naturalization cannot claim citizenship through that parent, making many previously straightforward claims now ineligible through administrative channels.

Why are Italian lower courts still a viable option despite the Minor Issue?

Italian lower courts operate independently from consulates and municipalities and aren't bound by the new ministerial guidelines or Supreme Court decisions. They typically adopt a more flexible interpretation of citizenship laws and have a history of approving cases involving ancestors who became naturalized while their children were minors, with processing times averaging 12-18 months.

What is a Denial of Justice Petition and how does it help?

A Denial of Justice Petition is a legal remedy available when applicants face undue delays or denials in consular proceedings. This petition allows applicants to bypass consular delays and have their cases heard by a regional court, where the likelihood of a favorable ruling is higher because courts can interpret laws more flexibly and aren't constrained by recent interpretive changes.

Can I pursue citizenship through different ancestral lines?

Yes, applicants may have multiple potential pathways to citizenship through different ancestors. Even if one ancestor's naturalization caused a disruption, you might be able to pursue citizenship through another line, such as a mother who never naturalized or who was naturalized involuntarily due to her husband's naturalization before 1922.

What's required to file a case through the Italian courts?

To file through Italian courts, you'll need to gather all necessary documentation proving your ancestry (birth, marriage, and naturalization records), hire an attorney familiar with Italian citizenship laws, and file in the correct regional court where your Italian ancestor was born. Most cases can be resolved through documentation and legal representation without requiring court appearances.