“In any case, the applicants have provided evidence that, in March 2017, they submitted to the Consulate General of Italy in Curitiba […] a request for recognition of Italian citizenship iure sanguinis; however, this application has to date received no response. Moreover, applications for recognition of Italian citizenship at that diplomatic office have an average waiting time of about ten years. Even regardless of the aforementioned legal provisions, it can therefore be stated that such timeframes amount to a de facto denial of the applicant’s claimed right, thus justifying recourse to judicial proceedings.”
The Court of Rome confirmed the position expressed by the Court of Cassation of Naples in 1907, according to which the term “to obtain,” when referring to citizenship, presupposed a prior request by the individual concerned, and thus, in the case of naturalization, “to obtain” necessarily implied “to have first applied.” Therefore, the Court of Cassation of Naples had already concluded that it is impossible to presume the renunciation of one’s nationality on the basis of merely passive conduct, without having “clear and explicit proof” thereof.
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