Catanzaro Court Recognizes Jurisdiction and Moves Forward with Action

The Catanzaro Court recognized its jurisdiction and maintained the progression of a lawsuit for recognition of Italian citizenship through iure sanguinis, denying the Ministry's request for suspension, according to the decision text published by Diritto Pratico. (Sentence no. 3925/2026, published on 10/26/2026.) Source: Diritto Pratico

Decision Summary — Catanzaro Court, Sentence no. 3925/2026

• The decision (sentenza no. 3925/2026, published 10/26/2026) confirmed that the Catanzaro Court is competent to judge the request for recognition of citizenship by iure sanguinis, noting the birthplace of the Italian ancestor and the applicants' residence abroad.
• The Ministry (defending) did not contest the merits of the request; it requested, as its main measure, the suspension of the process due to a constitutional question raised by the Tribunale di Bologna.
• The Catanzaro Court considered the subsequent decision of the Corte Costituzionale (sent. no. 142/2025, dated 06/24/2025) and held that the requested suspension was not appropriate, keeping the case on the docket for a merits decision.
• The released excerpt does not contain the final dispositive portion on the recognition of citizenship to the applicants; the decision was partial regarding jurisdiction and suspension. According to the decision text published by Diritto Pratico, the procedural phase will proceed to a merits decision. Source: Diritto Pratico

What This Means in Practice for Brazilian Families — Italian Citizenship, Catanzaro Court, iure sanguinis

• The ruling reinforces that the court of the birthplace of the Italian ancestor can be competent when applicants reside abroad, based on procedural provisions applied by case law (see art. 4, co. 5, d.l. n. 13/2017). This understanding is relevant for Brazilians with an ancestor born in Italy who pursue the judicial route.
• The decision confirms that court cases can proceed even if constitutional questions have been raised in other courts, when there is already a subsequent decision by the Corte Costituzionale on the same matter — in this case, the Court had already spoken (sent. no. 142/2025). Note: this reduction in the likelihood of suspension depends on the identity of the constitutional question and the judge’s assessment in the concrete case.
• Note: since the Tajani Decree (DL 36/2025, converted into Law 74/2025) took effect, there have been meaningful changes to administrative paths for recognition (see the following section). Read the warnings below carefully before deciding whether to pursue the administrative or judicial route.

Deadlines and Practical Procedures — Suspension and Docket

• The Catanzaro case was conducted via documentary evidence with a hearing on 10/26/2026 under art. 127-ter c.p.c., showing that, in appropriate circumstances and at the judge’s discretion, recognition actions can proceed with evidentiary concentration. The application of art. 127-ter depends on the judge and the specifics of the case.
• Attention to exhausting administrative channels: both legislation and practice were changed in 2025–2026. For some generations (children and grandchildren), the consular administrative route remained available for a limited time, but for later generations (great-grandchildren and beyond) the administrative framework was substantially restricted — see the section below, “Effect of the Tajani Decree.” Thus, the requirement to have “exhausted the consular administrative petition” before filing a lawsuit is not a universal rule without considering the applicant’s generation and the timing of the petition. In any case, the judicial route remains available in many situations, but strategy should be evaluated case by case.
• Applicants residing in Brazil should gather: birth and marriage certificates of the ancestor and the successive chain, proof of continued citizenship of the ancestor (transcripts, absence of naturalization that caused loss), in addition to personal civil documents. These elements are central to the merits.

Effect of the Tajani Decree / Law 74/2025 on Judicial and Administrative Routes

• Contrary to what a brief summary might imply, the Tajani Decree (DL 36/2025, converted into Law 74/2025) produced relevant and concrete restrictions on administrative routes: the consular route effectively restricted to children and grandchildren of an Italian citizen; for great-grandchildren and later generations, the administrative consular route is not a viable path in most cases. Concurrently, administrative recognition in the comuni ceased to be an available route for independent processing of many iure sanguinis petitions (as per regulatory effects of Decree 36/2025). These changes should be considered carefully before opting for an administrative route.
• A key and often misunderstood point: the Tajani Decree contains material retroactive effects that affect substantive rights — practically, the legislative text states that certain people born abroad and who are not children or grandchildren of an Italian citizen “were never Italian.” This retroactivity dates back to the person’s birth and, therefore, extinguishes a right some individuals had enjoyed since birth (jure sanguinis). This retroactivity is one of the central elements that has been the subject of litigation and analysis by the courts.
• Practical consequence: although the judicial route remains formally intact, the Tajani Decree changed the legal backdrop and created significant obstacles for applicants in later generations (great-grandchildren and beyond). The substantive effects of the new statute may prejudice rights recognized before it came into force. Therefore, in current lawsuits it is essential to carefully assess protections for filings made before the decree and applicable constitutional arguments and rights-acquired considerations.

What to Do Now — Practical Guidance

• Before filing, confirm the tribunal’s jurisdiction based on the birthplace of the Italian ancestor and the specific case details. Gather complete civil documentation and proof of maintaining the ancestor’s citizenship.
• Hiring a lawyer specialized in Italian citizenship is advisable to assess strategy (jurisdiction, documentary evidence, potential constitutional issues, and Tajani’s effects) and to monitor notifications.
• Pay attention to deadlines and filing timing: cases filed before Tajani's entry into force may enjoy specific protections provided in the decree itself; strategy should consider this protection and the possibility of invoking rights acquired or constitutional principles where applicable.
• Keep copies of all records and monitor jurisprudence from the Corte Costituzionale and the Sezioni Unite of the Corte di Cassazione, which have binding authority for Italian judges.

Conclusion Sentence 3925/2026 of the Catanzaro Court reaffirms the jurisdiction of the court where the immigrant ancestor was born to process iure sanguinis citizenship requests filed by applicants abroad and rejected the suspension based on a constitutional issue already decided by the Corte Costituzionale, keeping the case on the merits track. Importantly, since the Tajani Decree (DL 36/2025/L. 74/2025) there have been substantial changes to administrative routes (consular and comune) and there is a material retroactivity issue affecting rights for later generations; these circumstances should be considered by anyone planning a citizenship recognition action. Source: Diritto Pratico