A recent decision of the Tribunal of Palermo (Judgment No. 1071 of February 13, 2026) offers an important clarification for many families affected by the 2025 reform of Italian citizenship.
One of the most debated questions since the reform came into force has been the following:
What happens if you tried to apply before March 27, 2025—but could not secure a consular appointment?
This decision provides a concrete, and potentially very relevant, answer.
The Legal Context
As discussed in previous updates, the 2025 reform (Decree-Law No. 36/2025, converted into Law No. 74/2025) introduced strict limitations on the recognition of Italian citizenship for individuals born abroad.
However, the law preserves the previous rules in specific situations—most importantly where an application was submitted by March 27, 2025.
In practice, this has raised a critical issue:
Many applicants were unable to file their application simply because no consular appointments were available.
The Facts of the Case
In this case, the applicants had not formally submitted their citizenship application before the deadline.
However, they were able to document two key elements:
- Repeated attempts to book an appointment through the official Prenot@mi system, from October 2024 through mid-March 2025, all unsuccessful due to lack of availability
- A formal legal notice (PEC) sent to the Italian Consulate in Buenos Aires on March 25, 2025, expressly requesting an appointment
The Court’s Approach
The Court adopted a practical and evidence-based interpretation of the law.
It concluded that the applicants had effectively complied with the requirements of the reform, even without a completed submission.
Why?
Because they demonstrated:
- A consistent and documented effort to access the administrative procedure, and
- A formal, traceable action taken before the legal deadline
In other words, the Court recognized that:
Where the administration makes access objectively impossible, a well-documented attempt—combined with a formal legal step—may be sufficient.
Why This Matters
This reasoning is particularly relevant for applicants who:
- Tried repeatedly to book through Prenot@mi but found no available slots
- Took formal steps (such as sending a PEC or legal notice) before March 27, 2025
The decision suggests that, in certain cases, the lack of an appointment may not be fatal, provided that the applicant can demonstrate diligence and timing with proper evidence.
A Word of Caution
This is a first-instance decision, and the overall judicial landscape remains fragmented.
Different courts may adopt different approaches, and the interpretation of the 2025 reform is still evolving.
For this reason, each case must be assessed carefully, based on:
- The exact timing of events
- The type and quality of evidence available
- The procedural steps taken before the deadline
Individual Assessment
If you attempted to apply before March 27, 2025 but were unable to complete the process, your situation may still fall within the scope of the previous legal framework.
However, the outcome depends heavily on the specific facts of your case.
→ For a structured and realistic evaluation of your position, you may consider