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Bersani Law Firm — Case Update, June 2026
On 17 June 2026, the Court of Naples issued a judgment recognizing the Italian citizenship iure sanguinis (by descent) of one of our U.S.-based clients. The decision was communicated to us by the court this week.
This is not a routine result. It is a victory obtained in the most restrictive legal environment our field has faced in a generation — and it carries a message that reaches far beyond a single family.
Why this Italian citizenship victory matters
Two features make this decision particularly significant for anyone pursuing Italian citizenship by descent after the 2025 reform.
1. The case was filed after the 2025 reform
The petition was lodged in November 2025, months after the entry into force of the March 2025 citizenship reform (Decree-Law 36/2025, converted into Law 74/2025). Many applicants feared that cases filed after that watershed were effectively closed. This judgment shows that the courts remain open to those who present a serious, well-documented, well-argued case.
2. The Italian ancestor had naturalized abroad
The family line ran through an ancestor who had naturalized as a U.S. citizen — but only after the next person in the line had already been born. This is precisely the kind of profile that the reform was widely expected to exclude. And yet the right was recognized. It is a reminder that the timing of an ancestor’s naturalization, and the strength of the underlying record, can be decisive.
The real obstacle: a consular system that had stopped working
Behind this case lies a reality that millions of descendants of Italians know all too well: consular paralysis.
Our clients did not choose litigation. They turned to the courts because the ordinary administrative route — applying for recognition through the competent consulate, in this instance within the New York consular district — had been blocked for years. Securing an appointment had been effectively impossible across multiple years of documented attempts. For an entire class of applicants, the administrative door had not merely become difficult to open; it had ceased to exist.
That paralysis is not a private grievance. It is documented, well known, and enduring — and it is the reason so many families have had no realistic alternative to the judiciary.
Our legal strategy
We built a strategy designed specifically for this family.
At its core was a simple principle of fairness: our clients should not be penalized for failing to do something the State itself had made impossible. We asked the Court to assess the case in light of that documented, years-long consular paralysis, and to recognize the citizenship our clients had held by descent from birth — rather than treat them as if they had voluntarily failed to come forward in time. We paired that with the well-established principle that citizenship iure sanguinis is acquired at birth and cannot be erased retroactively.
It is a position we have developed and refined across many proceedings, and one we believe is both legally sound and fundamentally just. In this case, the Court recognized our client’s citizenship.
What happens next
Under the rules of civil procedure, a window now remains open during which the decision may be appealed (a period of up to 30 days). For that reason, we are not yet publishing the ruling itself.
Once that window has closed — and absent an appeal — we intend to publish the decision in full, with all personal data redacted. This is not just the story of one family; it is a battle shared by millions of people around the world who carry Italian heritage and are entitled to have it recognized. Sharing what we learn is part of how that fight moves forward.
Why we keep filing — and a thank-you
Results like this are not won in the abstract. They are won case by case, filing by filing.
Every judicial application that is brought, argued, and won does more than serve one client: it helps build the body of decisions — the precedents — that protect the next family, and the one after that. Stepping back is how rights quietly erode. Continuing to litigate is the only way these rights are defended, and the only way favorable precedents are formed for the benefit of all.
This victory belongs, first and foremost, to our clients. Out of respect for their privacy we will not name them — but we want to be clear: without their courage and their trust in this firm, this result would not have been possible. They chose to fight when stepping aside would have been easier, and we are honored to have stood beside them.
The fight for the rights of the Italian diaspora continues.
Contact us
Need help with your Italian Citizenship by descent ? Contact us.
Frequently asked questions: Italian citizenship by descent after the 2025 law
Can I still get Italian citizenship by descent after the 2025 law?
Yes — but the landscape is more complex than before. Law 74/2025 introduced significant limits for people born abroad who hold another citizenship, while preserving several exceptions. Whether you qualify now depends on your specific family facts, dates, and documentation. The most reliable path for many families today runs through the courts rather than the consulate. A case-by-case assessment is essential.
My Italian ancestor became a U.S. citizen — does that break the chain?
Not necessarily. As a general principle, if your Italian ancestor naturalized as a foreign citizen after the next person in the line was already born, Italian citizenship had already passed to that child at birth, and the chain continues. The result can change depending on whether the next descendant was a minor at the time, where they were born, and other facts. The timing of the naturalization is often the single most important detail to verify.
What changed with the March 2025 citizenship decree (Law 74/2025)?
The reform provides that a person born abroad who holds another citizenship is treated as never having acquired Italian citizenship, unless one of a limited set of conditions applies — broadly: recognition already obtained (or an application/appointment in place) by the March 27, 2025 deadline; a judicial claim filed by that deadline; an ascendant of the first or second degree who is (or was at death) exclusively an Italian citizen; or a parent who was resident in Italy for at least two continuous years after acquiring Italian citizenship and before the child’s birth. The exact application of these rules is heavily fact-dependent and is being actively litigated.
What is “consular paralysis”(aka ATQ/Against the Queue) and why does it matter?
“Consular paralysis” describes the prolonged, documented impossibility of obtaining a consular appointment to file a citizenship application — a situation that has affected major consular districts for years. Where applicants can prove they were locked out of the administrative route through no fault of their own, that record can be central to a judicial strategy.
Can I apply through a court in Italy instead of the consulate?
In many situations, yes. When the administrative route is blocked or unreasonably delayed, descendants can seek judicial recognition of their status before the competent Italian court. Whether this is the right path for you depends on your facts, your documents, and the current state of the law.
How long does a judicial citizenship case take?
It varies considerably depending on the court, the caseload, and the complexity of the file. Some cases resolve in months; others take longer. A realistic timeline should be assessed against your specific circumstances rather than a general average.
Did I need a consular appointment before March 27, 2025?
The reform attaches importance to that date for certain pathways. However, countless applicants were unable to obtain any appointment at all because of consular paralysis. Documenting those attempts — and their failure — is often a key part of building a judicial case today.
Should I act now or wait?
Because the law is evolving and several questions are still being decided, the right timing is genuinely strategic and should be discussed for your specific situation. Gathering and verifying your family documents early is almost always worthwhile, whatever path you ultimately take.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney–client relationship. Every case turns on its own facts and documentation; outcomes in other matters do not guarantee a similar result.