Catanzaro Court Recognizes Citizenship by Blood (iure sanguinis)

The Tribunale di Catanzaro recognized the right to cidadania italiana iure sanguinis in a ruling issued on 01/10/2026, accepting a lawsuit filed by a person born in São Paulo and confirming that the judicial route can be used even without a prior administrative decision by the consulate. Note: this summary includes essential cautions for readers about legislative changes in 2025 that affect the practical effect of decisions of this type.

Summary of the decision

• Tribunale di Catanzaro — Sentenza n. 3807/2026, published on 01/10/2026, as published in the decision text by Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/catanzaro/2026/3807.html#a4b9b.
• The action was filed under art. 281 decies c.p.c. by a requester born in São Paulo on 25/05/1971, seeking recognition of cidadania italiana iure sanguinis.
• The Court granted the claim and declared the right of the appellant to Italian citizenship, addressing the merits of the request.
• The Ministry participated in the proceedings without contesting the merits but raised formal issues and indicated a remissive constitutional question to the Tribunal di Bologna; the Catanzaro Court recorded the supervening Sentenza della Corte Costituzionale n. 142/2025 (24/06/2025) and chose not to suspend the proceedings, proceeding to the merits as published by Diritto Pratico.

Main legal grounds

• The Court pointed to competence of the Catanzaro Court based on art. 4, co. 5, of decreto-legge n. 13/2017: when the plaintiff lives abroad, the action is typically assigned to the forum of the comune of birth of the Italian ancestor — in the case indicated, Fuscaldo. This application of the jurisdiction rule is reflected in the decision.
• The Court stated that the prior filing of an administrative request to the Ministry or to the consulate and the expiration of the administrative period provided by DPR 18.04.1994, n. 362 (730 days) do not constitute a condition of procedibilità for the judicial action, allowing the civil court to hear the case without a prior administrative decision. However, it is essential to read this conclusion together with the 2025 legislative changes (see the “Legal Warnings” section below).
• The Court relied on jurisprudence of the Corte di Cassazione, including consolidated guidance from the Sezioni Unite that allows resort to the judiciary in cases of administrative/consular delays or inertia.
• On the merits, the Court concluded that the appellant's Italian ancestor had not lost citizenship, and therefore recognized the transmission of the right to the plaintiff, a decisive basis for the iure sanguinis recognition in that specific case.

Essential legal warnings (impact of the Tajani Decree — DL 36/2025 / Law 74/2025)

• Since the Tajani Decree (DL 36/2025, converted into Law 74/2025), the legal framework changed significantly: the administrative path in the municipalities was largely restricted for iure sanguinis recognition requests by foreign residents (municipalities largely stopped autonomously recognizing many of these requests), and the consular path was expressly limited to the situations of children and grandchildren of Italians.
• The Tajani Decree contains a retroactivity provision stating that certain people born abroad who are not children or grandchildren of Italians “were never Italian.” This rule directly affects substantive rights — i.e., it can retroactively strip Italian status from individuals who previously believed they held the right by iure sanguinis.
• Practical consequence: even with favorable court decisions, the practical effectiveness of a recognition can be affected by the Decree. It is crucial to know:
  • whether the applicant is a child or grandchild of an Italian (categories preserved for the consular route by the Decree);
  • and whether the process was filed BEFORE the Decree took effect (the Decree text protects processes filed before its effective date).
• The original article did not clarify these details. Without this clarity, reading the judicial recognition could lead to mistaken expectations about the validity and practical effects of the sentence under the current regime since 2025.

What changes in practice for Brazilian families (with caveats)

• The ruling shows that, in practice, it is possible to file a judicial action in Italy without exhausting the administrative route, and courts can proceed to merits review.
• However, after the Tajani Decree, the possibility of obtaining effective recognition depends on the applicant’s position with respect to the categories affected by the decree (child/grandchild vs. later generations) and the date of filing relative to the DL 36/2025.
• Therefore: before choosing to sue in Italy, it is essential to check the applicant’s generation (child, grandchild, great-grandchild, etc.) and the filing date, as these factors determine whether substantive rights remain recognizable under the current regulations.

Timelines, evidence, and recommended practical steps

• Gather documentary evidence of the transmission chain: civil certificates (births, marriages, deaths) of ancestors, documents showing emigration, and any naturalization records of the ancestor. Translations and apostilles/legalizations must meet Italian requirements.
• Although the action can be filed without exhausting the administrative route in many cases, it is advisable to document administrative attempts (filings, receipts, emails) to show the court the practical situation and to contextualize delays or inertia.
• First, verify the competent comune (in this case, the comune of birth of the ancestor) and work with an Italian citizenship attorney to assess the viability of the request in light of the Tajani Decree and to prepare the initial petition. Technical legal work is crucial, especially now that substantive law has undergone significant changes.

Procedural impacts and relevant citations

• The Court mentioned the Sentenza della Corte Costituzionale n. 142/2025 (24/06/2025). This reference appears in the decision published by Diritto Pratico, but the meaning of that decision must be read in conjunction with the Tajani Decree and constitutional issues related to retroactivity; it is not correct to read it in isolation as solving all retroactivity controversies.
• Important: cases filed BEFORE the effective date of DL 36/2025 are subject to a protection regime under the decree — a crucial factor for evaluating the effect of judgments in those cases.
• Source of the cited decision: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/catanzaro/2026/3807.html#a4b9b.

Conclusion The Sentenza n. 3807/2026 of the Tribunale di Catanzaro confirms that pursuing the judicial route remains a tool to seek recognition of cidadania italiana iure sanguinis in the face of administrative obstacles or delays. However, in 2025 the national legal framework was altered by the Tajani Decree (DL 36/2025, converted into Law 74/2025), which restricted the administrative route and introduced a retroactivity provision that may prevent effective recognition for generations beyond children/grandchildren. Therefore, readers and applicants should evaluate case by case (the applicant’s generation; filing date) and seek specialized Italian legal counsel before interpreting a judicial decision as determinative for the practical obtainment of citizenship.