ITALIAN CITIZENSHIP ACTION AGAINST CONSULATE QUEUES
The long queues present at Consulates in different States in Brazil are a basis in fact and in law (reasonable duration of the process) for us to take legal action directly in Italy due to the lack of vacancies in Embassies and Consulates in different parts of the World, as occurs in Brazil and Argentina.
The constant confrontation by descendants of Italians due to long queues leads those interested to take action to optimize the situation. In this way, an Italian lawyer will be able to represent you in the protocol of this legal action;
Italian consulates have waiting lists that can reach 15 years, preventing descendants of Italians from having their rights declared and recognized, rights provided for by law.
Article 2 of law 241 of 190 provides that the procedures within the competence of the Administration must be concluded within a determined, certain period and in accordance with the principle of “ragionevole duration of the process”, that is,
Artrt. 2 of her legs n. 241 dated 7.08.1990 i procedimenti di competenza delle Amministrazioni statali devono essere conclusi entro i termini determinati e certi, anche in conformità al principio di ragionevole durata del processo.
Nesse sentido o DECRETO DEL PRESIDENTE DEL CONSIGLIO DEI MINISTRI 17 gennaio 2014, n. 33, prevê: “ accertamento de possesso dela cittadinza italiana e rilascio dela relativa certificazione per tutti i casi di acquisto della cittadinanza italiana ivi incluso quello della transmissione iure sanguinis della stessa” , “ Termini 730 gg“
It is worth mentioning that the decree stipulates a period of 730 days as a deadline for completion. However, what we have seen at Consulates in Brazil is that in 2 years Brazilians have not even been called to the Consulate queue.
Our Italian lawyers aim to protect and present the request for Italian citizenship through the courts, with the interested party having a legitimate right to its recognition.
The competent court that will analyze the case will be from the place of birth of the immigrant who transferred to Brazil.
The objective of the legal action in Italy against consulate queues is to demonstrate the delay of the Italian administration that does not respect the reasonable period to grant a right protected by law.
If the Italian Consulates complied with Italian legislation there would be no point in filing the “action” in the Italian Courts, however, with this impeding act the applicant's interest in acting arises.
The Interesse ad gerare “interest in acting” is part of the “condizioni dell'azione” (conditions of action), alongside the legal possibility and legitimacy of the parties. In it we will demonstrate the reason why the applicant is knocking on the doors of the judiciary requesting judicial protection, that is, the need for judicial protection that emerges from the affirmation of the constitutive facts and the facts harmful to the law
The Italian lawyer will be responsible for presenting documentary evidence that in that particular consulate there is no time required to acquire Italian citizenship.
Among some possible demonstrations we mention:
- The applicant who submitted the request at the consulate must have the email return of the request in the Consulate queue in documentary form;
- Presentation of document by sending a registered letter with acknowledgment of receipt, better known as AR;
- Demonstration on the consulate website that predicts the average time to be included on the waiting list; prenot@mi.
