Trieste Recognizes Italian Citizenship for Argentine Family

The Tribunale di Trieste recognized the right to Italian citizenship iure sanguinis of a family residing in Argentina, in the regions of Rio Negro and Neuquén, direct descendants of an Italian immigrant who never naturalized or renounced their citizenship of origin. The decision, published on July 23, 2026, came at the end of a proceeding filed in 2024 that lasted approximately 31 months until judgment.

What the Tribunale di Trieste Decided

According to the text of the decision published by Diritto Pratico, the court ruled in favor of the action for recognition of Italian citizenship brought by an Argentine family. The plaintiffs proved they descend directly from an Italian ancestor who emigrated to Argentina and never naturalized as a foreigner—an essential condition for the transmission of citizenship through judicial recognition of citizenship.

The Italian Ministry of the Interior, the standard defendant in this type of action, did not appear in the proceeding—a situation known as default. In the absence of contestation by the public authority, the court analyzed the petition based exclusively on documentation and genealogical evidence presented by the plaintiffs, which demonstrated an unbroken line of descent without naturalization.

The case is another example of how Italian courts have processed petitions from Latin American families who, though distant from Italy for generations, maintain the right to Italian citizenship by blood.

Territorial Jurisdiction: Why Trieste Judged the Case

A technical point explains why the action was assigned precisely to the Tribunale di Trieste, rather than another Italian court. Since June 22, 2022, Law No. 206/2021 establishes a specific territorial jurisdiction rule for citizenship actions brought by authors residing abroad: in such cases, the court corresponding to the municipality of birth of the father, mother, or Italian ancestor who originated the line of descent is competent.

Since the Argentine family's ancestor was born in a municipality within the jurisdiction of the Corte di Appello di Trieste, the Sezione Specializzata in Materia di Immigrazione of that court was deemed competent in a manner that could not be waived—meaning no other Italian court could have judged the case.

This rule applies equally to Brazilians. Before filing any action, it is essential to identify with precision the Italian municipality of birth of the ancestor, as this information determines which court will have jurisdiction to judge the petition—information that is typically gathered during the search for certificates in Italy.

Delay in Administrative Process Does Not Prevent Judicial Action

Another point reaffirmed by the judgment is that the judicial route does not depend on a prior exhausted administrative request. The court emphasized that neither the filing of a request at the consulate or Italian municipality office, nor the expiration of the legal deadline provided for administrative response, constitute mandatory conditions for the family to resort to the courts. (It is recommended to verify in the complete text of the judgment which exact legal provision was cited regarding the administrative deadline.)

According to the text of the decision, the chronic delays faced by Italian consulates and municipalities (comuni), resulting from the high volume of backlogged requests, was recognized as sufficient justification for the plaintiffs to pursue the judicial route directly, without needing to wait indefinitely for an administrative response.

This understanding is relevant for families that have had proceedings stalled for years at Brazilian consulates or in Italian comuni: the delay, by itself, may legitimize filing a judicial action, without the need to previously formalize an administrative request or wait for the legal deadline to expire.

Other Grounds Cited in the Decision

The judgment also makes reference to related case law on the transmission of Italian citizenship by descent, though the available excerpt of the decision published by Diritto Pratico does not detail in full all the precedents used. Therefore, it is recommended that those interested in the topic follow the complete judgment directly from the source to understand precisely the grounds used by the Tribunale di Trieste.

It is worth noting that the Corte Costituzionale and the Corte di Cassazione are distinct bodies within the Italian judicial system, with different functions: the former judges the constitutionality of laws, while the latter uniformizes the interpretation of ordinary legislation. The News from Italy published by Raízes Italianas have separately tracked ongoing discussions in the Sezioni Unite of the Corte di Cassazione on the effects of Decreto Tajani, a subject distinct from the one addressed in this Trieste decision.

What This Means in Practice for Brazilian Families

The decision confirms a trend already observed in other decisions by Italian courts: cases of descendants of immigrants who never naturalized as foreigners continue to be recognized by Italian courts, even in the face of chronic delays in the consular and administrative routes.

For Brazilian families evaluating judicial recognition of citizenship, some practical points deserve attention:

• The territorial jurisdiction rule based on the Italian municipality of birth of the ancestor is decisive in determining which Italian court will be responsible for judgment—and cannot be freely chosen by the plaintiff.
• The delay of the administrative process, alone, may be sufficient to justify filing a judicial action directly in Italy.
• It is essential to gather with precision the documentation that proves the line of descent and the absence of naturalization of the ancestor, a step that normally precedes any judicial action.

It is worth recalling that the judicial route continues to exist even after the restrictions brought by the Decreto Tajani and Law 74/2025, which altered rules of the consular route for more distant generations. Each case, however, must be analyzed individually, considering the birth period of the ancestor, the line of descent, and the time at which the action is filed.

Those intending to gather the necessary documentation or better understand the particularities of their own line of descent can seek information about life in Italy and about the available paths within the Italian Citizenship category at Raízes Italianas.

Want to know if you have the right to Italian citizenship? Contact a specialized advisor.