Italy Revokes Citizenship Obtained with False Documents: A Clear Signal from the Council of State

 Italy Revokes Citizenship Obtained with False Documents: A Clear Signal from the Council of State

A recent opinion issued by the Consiglio di Stato sends a strong and unmistakable message: Italian citizenship cannot rest on false foundations, and the passage of time does not protect those who obtained it through irregular documentation.

The case examined by the Council of State concerned a foreign national who was granted Italian citizenship in 2017. Several years later, the authorities discovered that the birth certificate and criminal record submitted with the application were false. Based on this finding, the administration annulled the decree granting citizenship, exercising its power of self-review.

The individual challenged the decision, arguing that too much time had passed and that the annulment violated principles of legal certainty and legitimate expectation. He also claimed to have acted in good faith, maintaining that he was not personally responsible for the falsification of the documents.

The Council of State rejected these arguments and reaffirmed a strict but consistent approach. When a favorable administrative act is obtained on the basis of false documents, no legitimate expectation can arise. Time does not heal an illegality that affects the very foundation of the decision. In such cases, the public interest in restoring legality is inherent and does not require additional justification.

One of the most significant aspects of the ruling is the clear statement that it makes no difference whether the falsity is material or ideological, nor whether criminal responsibility can be established. What matters is that the administration was misled and that the decision was adopted on the basis of documents that were objectively untrue.

The Council of State also addressed procedural guarantees, holding that prior notice of the initiation of the annulment procedure may be omitted when the participation of the individual could not realistically change the outcome. Where the falsity of the documents is established and uncontested in its factual core, procedural participation would be purely formal.

Beyond the individual case, the decision has broader implications. It reinforces a line of jurisprudence that places legality above the mere stability of administrative acts, even when those acts concern a status as significant as citizenship. Italian nationality, the ruling makes clear, is not untouchable if its grant was vitiated at the outset.

For applicants and practitioners alike, the message is straightforward. Accuracy and authenticity of documentation are not secondary formalities but essential conditions. Citizenship obtained through false premises remains vulnerable, even many years later.

Avv. Fabio Loscerbo