Salerno Court Recognizes Italian Citizenship of 13 Descendants

The Tribunale di Salerno recognized Italian citizenship iure sanguinis for 13 members of the same family, in a decision that reinforces the judicial route as a viable alternative in the face of restrictions imposed on the administrative and consular routes. The ruling published by Diritto Pratico found the petition granted after a process lasting approximately 31 months.

What the Salerno Court Decided

According to the text of the decision published by Diritto Pratico, the Salerno Court found the petition for recognition of Italian citizenship iure sanguinis granted, filed by 13 applicants from the same family, including three minors represented by their respective parents.

The case was filed in 2024 and lasted approximately 31 months until publication of the ruling. The decision was issued through the rito semplificato di cognizione, governed by articles 281-decies and following of the Codice di Procedura Civile (c.p.c.), introduced by the Riforma Cartabia, which allows judges to decide cases more expeditiously when there is no need for complex evidentiary proceedings.

The case exemplifies how Italian citizenship through the judicial route can unite, in a single action, multiple descendants from the same lineage, optimizing time and procedural costs for large families.

The Recognized Lineage and Evidence Presented

According to the text of the ruling, all 13 applicants descend from the same Italian grandfather who emigrated from the country, with birth in the comune of origin properly proven through official documentation presented to the court.

One of the central points in the documentary proceedings was the presentation of the negative naturalization certificate, which proved that the Italian grandfather never requested or obtained naturalization in the destination country. This document is essential in citizenship recognition processes, as it ensures that the chain of transmission of Italian citizenship was not interrupted by naturalization of the ancestor before the birth of their descendants.

The family also presented a complete family tree, reconstructed with birth, marriage, and death certificates issued both in Italy and in the country of residence of the descendants. The proper organization of this documentation follows steps that the Raízes Italianas guide on how to build the Italian family tree typically details for families seeking judicial recognition.

Position of the Ministry and Public Ministry

As reported in the decision, the Ministero dell'Interno was made a party to the proceedings, as is customary in this type of action, but did not present substantive opposition to citizenship recognition. The Ministry limited itself to requesting verification of the regularity of the powers of attorney presented, completeness of documentation, and absence of any impeditive causes to recognition, such as undeclared naturalizations throughout the lineage.

The Pubblico Ministero (Italian Public Ministry), which is also heard in these proceedings, did not oppose granting the applicants' request.

According to the text of the decision, the absence of substantive contest by the involved authorities enabled the court to decide the case without the need for a more extensive evidentiary proceedings phase, which also helps explain the conclusion of the process within a timeframe of little more than two and a half years.

Jurisdiction of the Specialized Section and Procedural Aspects

The ruling also addressed relevant procedural aspects. The Salerno Court confirmed its territorial jurisdiction to hear the case, based on legal criteria that consider the birthplace of the Italian ancestor.

Actions involving recognition of Italian citizenship are assigned, in Italy, to the Sezioni Specializzate in Materia di Immigrazione, existing in specific courts distributed throughout Italian territory. This jurisdiction is considered non-derogable, meaning it cannot be altered by agreement between parties nor freely chosen by the applicant—it follows defined legal criteria, generally linked to the birthplace of the Italian ancestor or the applicant's residence in Italy, when applicable.

The judgment, according to the decision, took place in a monocratic format, that is, with a single judge.

What This Means in Practice for Brazilian Families

The Salerno Court's decision reinforces an important point for descendants of Italians in Brazil: the judicial route remains a valid and functional path for recognition of Italian citizenship, especially in light of restrictions imposed by Decreto Tajani (DL 36/2025, converted into Lei 74/2025) on the administrative route in comuni and on the consular route for generations beyond children and grandchildren of Italians.

The case also illustrates the importance of gathering robust documentary evidence before filing the action: birth, marriage, and death certificates of the entire lineage, along with the negative naturalization certificate of the Italian ancestor, continue to be central elements for success of the petition, regardless of the route chosen.

Finally, the duration of approximately 31 months between filing of the action and publication of the ruling offers a realistic parameter on timeframes involved in citizenship judicial processes in Italy, even in cases like this one, where there was no substantive opposition from the Ministero dell'Interno or the Pubblico Ministero.

Cases like the one judged by the Salerno Court continue to be covered by Raízes Italianas in coverage of Italy news related to citizenship and also in the section on life in Italy, aimed at those who have already achieved recognition and plan the next steps.

The decision demonstrates that, despite the more restrictive scenario created by recent legislative changes, families with organized documentation and well-proven lineage continue to obtain recognition of Italian citizenship through Italian courts.

Want to know if you have the right to Italian citizenship? Speak with a specialized advisory firm.