Trieste Recognizes Citizenship for 11 Argentine Descendants

The Tribunale di Trieste recognized Italian citizenship by descent to 11 members of the same family residing in Argentina. The decision is ruling no. 2350/2026, published on July 23, 2026, which upheld the request for iure sanguinis recognition filed by descendants of an Italian immigrant born in a municipality under the jurisdiction of the Court of Appeal of Trieste.

What the Trieste Tribunal Decided

According to the text of the decision published by Diritto Pratico, the case (R.G. 6100/2024) was filed in 2024 — before the Decreto Tajani (DL 36/2025, converted into Law 74/2025) came into force — and took approximately 31 months until the ruling was published. The 11 plaintiffs, all descendants of the same Italian ancestor and residing in Argentina, requested judicial recognition of Italian citizenship by descent, arguing that the line of transmission was never interrupted by foreign naturalization of the ancestor.

The Ministry of Interior, named as defendant — as occurs in virtually all cases of this nature — did not appear in the proceedings, remaining in default. Nevertheless, the judge examined ex officio the territorial jurisdiction of the tribunal and the standing of the plaintiffs, confirming both before examining the merits of the request. After verifying procedural regularity and proving descent through the submitted documentation, the Tribunal granted the request and declared Italian citizenship for all 11 applicants.

Why the Case Was Tried in Trieste

The choice of venue was not discretionary. Since June 22, 2022, Law no. 206/2021 altered the rules of territorial jurisdiction for citizenship cases involving plaintiffs residing abroad: in such cases, the competent court is determined by the birthplace of the father, mother, or Italian ancestor who originated the line of descent — no longer automatically by the Tribunale di Roma.

Since the family's Italian ancestor was born in a municipality under the jurisdiction of the Court of Appeal of Trieste, the Specialized Section on Immigration of that court was the mandatory and non-derogable venue for the case. In practice, this means that families interested in pursuing the judicial route for Italian citizenship cannot freely choose where to file: the competent tribunal is defined by the birthplace of the grandfather or great-grandfather, information that must appear accurately in the certificates gathered before filing the action.

Administrative Delays Do Not Prevent Pursuing the Judicial Route

One of the central points of the ruling addresses the relationship between the administrative route (consular or, in still-applicable exceptional cases, through the comune) and the judicial route. The Trieste judge emphasized that neither the prior submission of an administrative request, nor the mere passage of the 730-day period provided in article 3 of D.P.R. 362/94, constitute mandatory conditions for the interested party to file an action for citizenship recognition.

According to the text of the decision, requiring this prior requirement "would be a procedural sanction limiting the right to bring an action" and, therefore, "should have been expressly provided by law" — and cannot be presumed by the interpreter. In practice, this reinforces that anyone facing significant delays at the consulate may resort directly to Italian courts without needing to wait indefinitely for an administrative response that may never come within a reasonable timeframe.

"Such a requirement would be a procedural sanction limiting the right to bring an action and therefore should have been expressly provided by law" — excerpt from ruling no. 2350/2026, Tribunale di Trieste.

What This Means for Brazilian Families

The Trieste case gains special relevance at a time of strong restrictions on citizenship recognition by descent. With the entry into force of the Decreto Tajani and Law 74/2025, automatic recognition of iure sanguinis citizenship for descendants beyond the second generation born abroad is no longer possible through the consular route, becoming restricted, as a rule, to children and grandchildren of Italians. The decree also altered the substantive law itself, declaring that those born outside Italy who are not children or grandchildren of Italians would never have been, for legal purposes, Italian citizens — a retroactivity that affects even requests awaiting judgment and which is currently being analyzed by the Sezioni Unite of the Corte di Cassazione.

It is important to note that the case tried in Trieste was filed in 2024, before these new restrictions came into force, and was therefore protected by the transitional rule provided in the decree itself. The ruling, therefore, should not be read as proof that the judicial route remains a general and unrestricted alternative for great-grandchildren and later generations seeking to file new actions after the Decreto Tajani — this specific issue is still being debated in Italian courts and depends on the outcome of the controversy over the retroactivity of the rule.

Still, for cases filed before the legislative changes, or for situations falling within still-permitted scenarios (children and grandchildren), well-documented judicial cases — with robust documentary proof of the line of descent and absence of naturalization of the Italian ancestor before the birth of the next descendant — continue to be analyzed by Italian courts and may be upheld, as demonstrated by the Trieste ruling. The duration of approximately 31 months, from filing to decision, is also important data: it shows that the judicial route in Italy is not a quick path, but remains viable for those whose administrative route is blocked by excessive delays, within the limits permitted by current legislation.

The case further reinforces the importance of correctly gathering birth, marriage, and death certificates of the Italian ancestor, in addition to proving, with consular documentation or naturalization records, that he never lost Italian citizenship before transmitting it to subsequent descendants.

Next Steps for Those Considering Judicial Action

For Brazilian families evaluating recourse to Italian courts due to a stalled administrative process or restrictions imposed by new rules, several points deserve attention:

• Identify the birthplace of the Italian ancestor, as this information determines which tribunal and which Court of Appeal will have jurisdiction over the case — there is no free choice of venue.
• Gather all necessary documentation before filing, including birth, marriage, and death certificates, preferably with support from Italian certificate search services.
• Seek specialized legal counsel to evaluate, case by case, whether the administrative route remains viable, whether the degree of kinship (child, grandchild, or later generations) permits the judicial route in light of new restrictions, and how the controversy over the retroactivity of the Decreto Tajani may impact your specific case.
• Monitor developments in the Decreto Tajani and the Sezioni Unite decision, as the rule continues to alter the transmission rules for citizenship by descent and may directly impact new requests, both administrative and judicial.

More cases like Trieste's should continue to emerge in coming months as families seek alternatives in the face of stricter consular rules. To follow other decisions and updates on the topic, the Raízes Italianas portal maintains ongoing coverage at News from Italy and Life in Italy.

The Trieste ruling confirms that, despite the more restrictive environment created by recent legislative changes, Italian courts remain a real path for those with consistent documentation and proven descent, within the limits now imposed by legislation — even though the process requires patience and planning.

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