As of June 22, 2022, proceedings for the establishment of Italian dual citizenship must be submitted to the District Court where the Court of Appeal of reference for the ancestors’ native town is located, rather than to the Court of Rome (art. 36 law 207/2021) (watch our VIDEO: “How to find your Court of reference” to find out more information related to this topic).
The legislation has changed the way Italian lawyers manage their cases and appear before judges to discuss their client’s petition for the recognition of Italian dual citizenship.
Citizenship by descent: Italian lawyers and judges
Before Covid-19, Italian lawyers went to court in person to present their client’s case in front of a Judge. During the health emergency, all judicial proceedings were managed remotely.
With the end of the medical crisis and responsibility for citizenship-by-descent proceedings shifting from the Court of Rome to the local courts in Italy, what is the current approach of judges regarding dual citizenship proceedings?
The decision whether or not to let lawyers appear in court to discuss their clients’ cases is entirely up to Italian judges. However, there seems to be a common approach.
Judges accept the vast majority of proceedings through briefs. This means that Italian lawyers submit a document presenting their client’s case, reiterating the claims filed with the appeal a few days before the hearing.
For the remaining situations, a small fraction, Italian judges can take two different decisions. Either they decide to discuss the case remotely or they ask the attorney to appear in person in the local courts where their clients’ ancestors were born.
Read more articles on our website:
- Citizenship by Descent, new legislation effective June 2022: what you need to know
- Italian dual Citizenship and Last Name Issues