Ancona Court recognizes Italian citizenship after the 2025 reform.

The ruling of the Court of Ancona

With a decision dated 24 April 2026 , the Court of Ancona recognised Italian citizenship to some applicants descended from Italian citizens, even though the appeal had been presented after the reform came into force.

The judge applied one of the exceptions provided for by the new legislation, deeming it sufficient to prove that a first or second degree ascendant was an Italian citizen and had never lost that status.

A central element of the decision was the reference to the consolidated principles of jurisprudence, in particular regarding the distribution of the burden of proof:

• the applicant must demonstrate his or her descent from an Italian citizen;

• the administration must instead prove any causes for the interruption of the transmission of citizenship.

The Court emphasized that these principles remain valid even after the reform, highlighting a continuity with the previous approach.

Direct access to legal protection

Another important aspect concerns the relationship between administrative and judicial channels. The Court has stated that, in the event of delays or inefficiencies on the part of consular authorities, the appellant may appeal directly to the court, without being penalized for the inability to obtain a response from the public administration.

This principle strengthens the protection of applicants' rights and limits the risk that bureaucratic obstacles will prevent citizenship from being recognized.

In particular, the Court has:

• excluding that the appellants have to make up for administrative inefficiencies;

• confirmed the possibility of obtaining legal protection in a relatively short time (around five months).

Conclusions

The Ancona Court's ruling represents an important landmark in the post-reform landscape. It demonstrates that, despite the introduction of more stringent restrictions, the right to Italian citizenship by descent continues to be recognized.

Looking ahead, this approach could influence other Italian courts, helping to define a uniform practice in the application of the 2025 reform.