Revocation of Italian Citizenship for False Documents: Guidance from the Council of State

Revocation of Italian Citizenship for False Documents: Guidance from the Council of State Good morning, I am Attorney Fabio Loscerbo, and this is a new episode of the podcast Italian Immigration Law. In this episode, we discuss the revocation of Italian citizenship when false documents are discovered. The reference is a recent opinion issued by the Consiglio di Stato, First Section, delivered on 4 December 2025, concerning case number 669 of 2023. The case involves a foreign national who obtained Italian citizenship in 2017. Several years later, the authorities found that the birth certificate and criminal record submitted with the application were false. As a result, the decree granting citizenship was annulled. The applicant challenged this decision, arguing that too much time had passed and that the annulment violated Article 21-nonies of Law 241 of 1990. He also claimed to have acted in good faith. The Council of State rejected the appeal and clarified an important principle. When a favorable administrative act is obtained on the basis of false documents, no legitimate expectation can arise. The passage of time does not cure the original illegality. It is irrelevant whether the falsity is material or ideological, and it is also irrelevant whether the applicant bears criminal responsibility. What matters is that the administration was misled. In such cases, the public interest in revoking the act exists by its very nature, and the administration may act in self-protection even without prior notice, because the participation of the individual could not change the outcome. The message is clear. Italian citizenship cannot be based on false premises. If the documents are false, revocation remains possible, even many years later. Thank you for listening, and see you in the next episode of Italian Immigration Law.