JUDICIAL PROCESS
The judicial procedure cum saltum, or skip-the-line, is carried out in the following cases:
- In the case of descendants of a paternal line, after a specific assessment by the Italian lawyer, it is possible to take legal action, if there is a serious delay by the Consulate in processing the application.
- In the case of descendants of an Italian ancestor born after 1 January 1948, who should apply in advance to the Consulate.
Before the judicial action, therefore, it is necessary in both cases to propose the application for citizenship to the competent Consulate (it is not At this stage, it is necessary to produce all the documentation and pay the consular fee €. of 300.00 as these duties should be observed only at the time of the appointment at the Consulate, an appointment which, as known, can also be fixed after 10-15 years).
Well, such a situation of obvious administrative delay (remember that the legal deadline for defining the procedure is a maximum of 2 years) creates strong damage to the applicant for citizenship, since it does not allow him to have his fundamental right recognized if not following a very long wait, a delay which is equivalent to the non-recognition of the right to status civitates.
This, therefore, allows an appeal to the Italian judge who, replacing the administration, will be able to recognize in a short time (about 1 year and a half) the right to Italian citizenship.
This judicial procedure, which can be used precisely in the case of paternal or maternal descendants after 1948, allows enormous benefits to applicants concerning the administrative procedure:
in this way, not only is it possible to avoid waiting for the very long waiting times for the application administrative pending at the Consulate (10-15 years), but you also get a huge saving in costs compared to the administrative path through an application proposed in Italy in the Municipality of residence (this application has enormous costs both for the trip to Italy and for the costs of accommodation in Italy for a long period).
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