Judgment of the Tribunale di Catanzaro Recognizes Citizenship by Jure Sanguinis

A judgment from the Tribunale di Catanzaro (20/07/2026) recognized the request for recognition of cittadinanza italiana iure sanguinis in a case brought by descendants of an Italian-born individual from a municipality in Italy; decision published in Diritto Pratico.

Summary of the decision

Judgment no. 3566/2026, issued on 20/07/2026, was rendered by the Tribunale Ordinario di Catanzaro — judge dott.ssa ###, according to the text of the decision published by Diritto Pratico. The action was brought by several petitioners (names anonymized in the records) against the Ministry (defendant) for the recognition of the status of Italian citizens by birth (iure sanguinis).

The Court granted the petitioners’ request, recognizing the transmission of citizenship from the grandfather born in the Italian comune indicated in the records. As stated in the document, the Ministry appeared in the proceedings without contesting the merits and the Public Ministry did not file conclusions. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/catanzaro/2026/3566.html#38352.

Important: the original article did not clearly specify the generation of the petitioners (children/grandchildren versus great-grandchildren and later generations). This distinction is crucial under the terms of the most recent legislation and case law (see “Contexto legislativo e effetti del Decreto Tajani” below).

Key legal grounds

The Court based its decision on several central points:

• Jurisdiction: applied art. 4, co. 5, of decree-law n. 13/2017 to define the competent forum when the plaintiff resides abroad, linking it to the comune of birth of the Italian ancestor.
• Procedure: the action was brought as a civil action for recognition, under art. 281‑decies c.p.c., with a hearing conducted under art. 127 ter c.p.c.
• Procedural viability and administrative route: the Court stated that the prior administrative attempt at the consulate, regulated by D.P.R. 18/04/1994, no. 362, and the 730-day administrative time limit under art. 3 of DPR do not constitute a condition of procedibility for filing a judicial action to merely verify citizenship status, consistent with that decision. This conclusion has practical implications for those seeking immediate judicial relief, but must be read in light of the subsequent legal framework (see the Tajani Decree below).
• Normative and historical analysis: the judgment analyzes the evolution of the rules on iure sanguinis transmission and related jurisprudence to justify recognizing the petitioners’ right to citizenship.

Legislative context and effects of the Tajani Decree (DL 36/2025, converted into Law 74/2025)

This article needs to emphasize three essential points, as they profoundly change access to jure sanguinis citizenship starting in 2025:

1. The Tajani Decree (DL 36/2025, converted to Law 74/2025) restricted administrative avenues for recognition: the consular route was limited to children and grandchildren of an Italian national; further generations (great-grandchildren and beyond) generally cannot obtain consular recognition. The possibility of administrative recognition by the comune has also been, in practice, greatly limited for applications by foreign residents.
2. The Decree has material retroactive effect stated in its text: for certain categories, the new law retroacts to birth and states that those born outside Italy who are not a child or grandchild of an Italian never were Italian. This retroactivity affects the substantive right to citizenship and is not limited to pending cases. This issue is the subject of legal challenges and analysis by higher courts.
3. The judicial route remains after the Decree, but the practical reach of court judgments may be affected by the new normative text and potential decisions by higher courts (Corte di Cassazione and Corte Costituzionale). Cases filed before the Tajani Decree came into force are protected under the decree’s own conditions; however, the Decree’s material retroactivity raises questions for requests filed after its entry into force.

Therefore, when interpreting Judgment no. 3566/2026, it is essential to determine which generation the petitioners belong to and when the action was filed, as these factors directly influence the practical effects of recognition.

What this means in practice for Brazilian families

• If the Italian ancestor (father, mother, or grandfather) was born in an Italian comune, descendants who can prove the bloodline can obtain judicial recognition of citizenship when there is solid documentary evidence. However, after the Tajani Decree, the situation varies by generation of the applicant:

  • Children and grandchildren: the consular path remains possible in general; judicial actions remain appropriate when needed.
  • Great-grandchildren and later generations: the consulate and, in many cases, the comune no longer offer an administrative path for recognition; the matter involves the Tajani Decree’s retroactivity and can be legally complex. A decision by a Tribunal Ordinario (such as Catanzaro) may recognize citizenship, but it should be evaluated for compatibility with the new legal framework and the risk of appeals by competent authorities.

• The judicial action may, as this decision shows, be brought even without waiting for the consular administrative deadline (730 days). However, this does not eliminate the need to pre-assess the Tajani Decree’s effects on the specific case—especially for great-grandchildren and later generations—nor does it replace strategic analysis by a lawyer.

• Essential evidence remains birth, marriage, and death certificates (apostilled and translated where required), documents proving the blood link, and elements showing that the ancestor did not lose citizenship before transmitting it.

• Risk and cost: pursuing the judicial route involves court costs and fees; in this case, the Ministry requested an order for costs, as indicated in the decision. Therefore, pre‑trial evaluation by a specialized attorney is recommended.

Practical steps recommended after this decision

• Organize and certify all Italian and Brazilian documentation—with Apostille of The Hague and official translations—before filing a lawsuit.
• Confirm the petitioners’ generation (children/grandchildren vs. great-grandchildren/later generations) and the filing date, since the Tajani Decree (DL 36/2025 / Law 74/2025) imposes restrictions and material retroactivity that determine the viability of the request.
• Check the competence of the applicable Tribunale: for applicants residing abroad, jurisdiction may follow the comune of birth of the ancestor, per art. 4, co. 5 of D.L. 13/2017, as applied in the judgment.
• Consider filing a recognition action when there is long consular processing or unjustified administrative denial, but do so only after a legal consultation evaluating the Tajani Decree’s impact on the specific case.
• Hire an attorney with experience in cittadinanza iure sanguinis and in litigation against the Ministry to prepare a robust petition, attaching documentary evidence and a clear explanation of the transmission line of citizenship.

Journalistic impact and final notes

The decision of the Tribunale di Catanzaro (Judgment no. 3566/2026) reinforces that the judicial route remains, in many cases, a tool for recognizing cittadinanza italiana iure sanguinis when there is solid documentary evidence and administrative delays or obstacles. However, the practical significance of this decision depends directly on the petitioners’ generation and the temporal framework in light of the Tajani Decree (DL 36/2025 / Law 74/2025).

This is not a binding precedent for all Italian courts: decisions of the Sezioni Unite of the Corte di Cassazione have binding force and can harmonize interpretations. Therefore, judgments of ordinary courts should be read in the context of the current legal framework and any potential appeals before higher courts.

For direct reading of the primary source: Diritto Pratico — Sentenza n. 3566/2026, Tribunale di Catanzaro (published 20/07/2026): https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/catanzaro/2026/3566.html#38352.

Readers seeking more context on procedures and requirements can consult our guides on Cittadinanza Italiana and follow other decisions and analyses in Notícias da Itália and Vida na Itália.