Tribunale di Venezia decides citizenship case (judgment 18183/2026)

CATEGORIA: citizenship

CONTEÚDO (Markdown): Sentenza n. 18183/2026 of the Tribunale Ordinario di Venezia, published on 05/10/2026, analyzed the request for recognition of Italian citizenship by descent and addressed issues of jurisdiction and the applicable rule in light of the entry into force of Law 74/2025 (conversion of DL 36/2025). The case began in 2024 and lasted approximately 33 months; the available excerpt does not include the final dispositive portion of the decision. According to the decision text published by Diritto Pratico, the court concluded that the analysis is governed by the old Law no. 91/1992 because the appeal was filed before Law 74/2025 took effect. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18183.html#3711f

Decision Summary

• Judgment no. 18183/2026 of the Tribunale Ordinario di Venezia, published on 05/10/2026; case filed in 2024 (duration ~33 months).
• Action brought by CARLOS ### and his two minor children, seeking recognition of Italian citizenship by descent from a grandfather born in the province of ###.
• The Ministry (defendant) was cited, remained in default; the Public Prosecutor intervened and gave opinion. The judge found the case ripe for decision.
• The available excerpt presents the analysis on jurisdiction (altered by norm n.206/2021, applicable since 22/06/2022) and expressly states that the matter is governed by Law n.91/1992, because the appeal was lodged before the entry into force of Law 74/2025 (conversion of DL 36/2025).

The excerpt disclosed does not contain the final dispositive — the full dispositive of the decision was not included in the portion presented by Diritto Pratico.

Judicial jurisdiction and practical change (who decides)

• The cited legislative change is the comma 36 of Law n.206/2021, which amended rules of jurisdiction for citizenship cases when applicants reside abroad, linking jurisdiction to the comune of birth of the Italian parent, grandparent, or great-grandparent. The rule became applicable 180 days after the entry into force, i.e., from 22/06/2022.
• In the concrete case, because the grandfather was born in the province of ###, the proceeding was deemed within the competence of the Tribunale di Venezia, the section that handles immigration and citizenship disputes within the relevant territorial scope.
• This practical change affects where lawsuits for recognition by jus sanguinis can be brought by individuals residing outside Italy; consult local norms and decisions to confirm the proper forum before filing.

Which rule was applied: effects and limits of the assertion

• The Court declared the applicable Law n.91/1992 for the concrete case, since it held that the appeal was filed before the entry into force of Law 74/2025.
• Important note: this conclusion concerns the specific case. It is not correct to assert, in absolute terms, that "cases begun before the new law take automatic decision under the previous rule." DL 36/2025 (Law 74/2025) contains provisions with retroactive effects on substantive rights — in particular, the norm can state that certain people born abroad (who are not children or grandchildren of Italians) "were never Italian." Thus, questions of temporal application and substantive retroactivity are complex and controversial, subject to legal debate (including issues before the Sezioni Unite of the Court of Cassation).
• Cases filed before the law’s effective date have protections in the law’s text regarding procedures, but the question of substantive retroactivity (whether the new rule can extinguish birth-right rights) is not automatically resolved by filing date; it depends on the decree/law content, judicial interpretation, and potential decisions of the Sezioni Unite and the Constitutional Court.

Practical implications for Brazilians and others interested

• The Venice Court’s decision indicates that, in that case, the court applied Law 91/1992 because the appeal was filed before Law 74/2025. However, this should not be extrapolated to all cases without detailed analysis: substantive retroactivity under DL 36/2025/Law 74/2025 may affect the rights of many born abroad.
• Since 22/06/2022 judicial competence may be linked to the ** comune of birth of the Italian ancestor for residents abroad; verify the competent forum before filing**.
• Essential note (2025-2026): consular avenues were restricted by DL 36/2025/Law 74/2025 — consulate ceased to be a viable route for great-grandchildren and later generations; consular recognition generally limited to children and grandchildren. Additionally, after Decree 36/2025 many comuni NO longer perform administrative recognitions for foreign residents seeking jus sanguinis autonomously. These administrative and consular changes should be considered when planning strategy.
• The default of the Ministry in the proceeding may accelerate some procedural steps, but it does not guarantee a favorable outcome — the merits will be decided per evidence and applicable law.
• For families with minors, judicial recognitions affect civil certificates and enable registrations at consular records, but procedures and deadlines vary and were changed by recent legislation; consult an attorney.

What to do now (practical guidance)

1. Read the complete judgment at the referenced source to confirm the final dispositive: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18183.html#3711f.
2. Check the filing date of your case to determine which legislation may apply, but seek specific legal advice: filing date is not the only determinant when retroactive provisions apply.
3. Identify the competent court under the rule in force since 22/06/2022 (common of birth of the Italian ascendant for residents abroad).
4. Remember that after DL 36/2025/Law 74/2025, consular routes are restricted in many cases (not available to great-grandchildren and later generations) and administrative recognition in comuni was broadly affected; consult your attorney for strategy.
5. Consult your attorney to assess appropriate measures (appeals, execution of recognition, requests for consular inscription) in light of the final dispositive and issues of substantive retroactivity.

Conclusion: the sentence n. 18183/2026 of the Tribunale di Venezia shows that, in the concrete case, the filing date of the appeal was a factor considered to apply Law 91/1992. However, due to the substantive retroactivity provided by DL 36/2025 (Law 74/2025) and the administrative/consular restrictions introduced in 2025, one should not assume automatically that all cases filed before the law’s effective date are immune to the substantive effects of the new norm. Interested parties should consult the full dispositive and seek tailored legal evaluation for their case.