Italian citizenship iure sanguinis has entered a new phase. Recent regulatory changes and the evolution of case law have profoundly transformed the judicial path toward the declaration of citizenship.

One certainty, however, already seems to emerge. The future of iure sanguinis will continue to be written in the courtrooms.

A matter destined to remain in the courts

Even when case law progressively begins to stabilize, it will be difficult to imagine a definitively unchanging framework.

New legislative or governmental interventions may continue to directly affect the matter, bringing to light further interpretative questions that, inevitably, will have to find an answer through the courts.

And even case law can change.

What recently happened before the Constitutional Court demonstrates how quickly a scenario that seemed to be heading in a specific direction can evolve.

A new phase will begin after August

Once the judicial recess of August is over, we will enter a new period of waiting.

Attention will be focused primarily on the Court of Justice of the European Union, called upon to rule on the questions referred to it.

But the wait for the European decision opens up another particularly important question: what will the Italian courts do in the meantime?

We do not yet know whether we will witness a generalized suspension of proceedings or whether some judges, believing they already have the necessary elements to decide, will continue to rule on the merits.

Not all judges will necessarily wait for Europe

The referral to the Court of Justice of the European Union does not automatically mean that every proceeding related to iure sanguinis citizenship must stop.

In the coming months, it will therefore be essential to observe the decisions of individual courts.

There could be judges who prefer to await the European ruling, but also magistrates already convinced, based on the specific circumstances and the evidence produced, that certain applicants have the right to a declaration of Italian citizenship already in the first instance.

It will be precisely this case law on the merits that will allow us to understand which direction the new phase of litigation will take.

Those who had already tried to exercise their right are in a different position

One point deserves particular attention: the position of those who were already registered on consular waiting lists or who can prove that they actually attempted to access the procedure before the regulatory change.

In my view, these situations will continue to be among those with the greatest chance of obtaining favorable interpretations and decisions in Italian courts.

Those who had requested an appointment, had been placed on a waiting list, or possess suitable documentation to prove a concrete attempt to exercise their right find themselves in a substantially different situation compared to those who had not yet taken any initiative.

Evidence of the attempt can become decisive

Emails sent to consulates, confirmations of registration on lists, booking numbers, administrative communications, and other documentary evidence can assume even greater importance today.

It is not simply a matter of demonstrating interest in obtaining citizenship.

It is about reconstructing when and under what conditions a person concretely tried to exercise a right, especially when access to the administrative procedure was made extremely difficult by the waiting times imposed by the consular offices themselves.

For this reason, the administrative history of each individual applicant will be increasingly important in building the litigation strategy.

The Court of Justice will be important, but it will not be the only element

The future ruling of the Court of Justice of the European Union will inevitably be of great significance.

However, I do not believe that the entire evolution of Italian citizenship iure sanguinis can be reduced to the wait for a single decision.

In the meantime, there will continue to be proceedings, different situations, different evidence, and legal issues that can be independently evaluated by the Italian courts.

And it is precisely for this reason that I have no doubt that we will continue to see favorable decisions, particularly in the cases of those who can prove they took action before the rules changed.

The path has changed, but the courts will remain central

The judicial route toward the declaration of Italian citizenship iure sanguinis has changed forever.

Today, it is no longer enough to look only at the genealogical line. The moment the applicant took action, the initiatives undertaken, the evidence available, the applicable law, and the orientation of the court called upon to decide are becoming increasingly important.

The subject will also continue to evolve. Laws, administrative guidelines, and even judicial interpretations that, at a given moment, seemed consolidated may change.

For this reason, the courts will continue to play a central role in defining the boundaries of Italian citizenship iure sanguinis.

After the August recess, we will begin to understand what the next chapter will be.

The European decision will certainly be important. But even before that decision, it will be the new rulings of the Italian courts that will tell us if certain trends are already beginning to consolidate.

The path has changed. The judicial debate, however, is far from over.