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Cons. Stato, sez. III, 15.5.2026, n. 3821, rel. Zafarana, XY (avv. Lapenna) c. Ministero dell'Interno (non costituito)
| | | |Grant of Italian citizenship – income requirement under Article 9 of Law No. 91/1992 – applicant with a disability and unfit for work – automatic application of the income requirement – unlawfulness – annulment of the refusal – obligation to reassess in light of the applicant\'s disability
With regard to the grant of Italian citizenship pursuant to Article 9 of Law No. 91 of 5 February 1992, the income requirement constitutes a parameter for assessing the applicant\'s economic self-sufficiency, rather than a precondition to be applied automatically and in a rigidly quantitative manner. It follows that a refusal based exclusively on insufficiency of income is unlawful where the administration fails, within the framework of a concrete and comprehensive assessment, to take into account the applicant\'s proven disability or unfitness for work and his or her actual economic and financial situation, since a disability cannot be allowed to translate into a de facto obstacle to access to citizenship, in accordance with what was also held by the Constitutional Court in judgment No. 258/2017.