Trieste Recognizes Italian Citizenship of Argentine Family

The Tribunale di Trieste recognized the right to Italian citizenship iure sanguinis for a group of descendants of an Italian immigrant settled in Argentina, concluding a process that lasted approximately 31 months. The decision was published on July 23, 2026, and brings important elements for those considering turning to Italian courts in light of consulate delays.

What the Trieste Court Decided

Decision No. 2349/2026 formally recognized Italian citizenship for a group of applicants residing in Argentina, based on the line of descent from an Italian ancestor. According to the text of the decision published by Diritto Pratico, the process was filed in 2024 and took approximately 31 months to be judged.

A recurring detail in this type of action also appeared in this case: the Italian Ministry of Interior, the formal defendant in these proceedings, did not appear in court — a situation technically known as contumacy. The absence of a defense by the Italian government is common in citizenship recognition actions iure sanguinis and does not prevent the normal progress of the process, which continues to be analyzed based on the documentation and arguments presented by the applicants.

Who Are the Applicants and the Italian Ancestor

The group recognized by the decision consists of family members residing in different localities in Argentina, including the provinces of Rio Negro and Neuquén. All proved to descend in direct line from an Italian citizen born in Italy, who emigrated and died abroad.

A central point of the analysis was proving that the ancestor never renounced Italian citizenship nor naturalized in another country before the birth of the next descendant in the succession line. This requirement is decisive in any Italian citizenship process: if the ancestor had naturalized as a foreigner before his child was born, the transmission of citizenship could be interrupted, depending on the rules in effect at that time.

Why the Courts Were Approached Instead of Administrative Channels

The decision reaffirms an understanding already consolidated in Italian courts: a prior administrative request is not a mandatory condition for interested parties to pursue judicial action. In practice, this means that families do not necessarily need to wait indefinitely for a consular response to file a lawsuit.

In the case judged in Trieste, the delay of Italian consulate departments — exceeding the legal deadline of 730 days provided for processing administrative requests — was one of the grounds justifying recourse to judicial proceedings. The judge classified this delay as a factual impediment to exercising a right considered fundamental and original, that is, one that arises with the person themselves by descent and does not depend on concession by the Italian state.

This understanding has been frequently used by those seeking iure sanguinis via judicial proceedings in light of the overload of Italian consulates in Brazil and other countries with large Italian-origin communities. It is worth noting that, following Decreto Tajani (DL 36/2025, converted into Law 74/2025), the administrative and consular channels for citizenship recognition by descent have become significantly restricted, especially for generations beyond children and grandchildren born abroad.

Rules of Territorial Jurisdiction (2022 Change)

A technical but essential aspect of the decision concerns territorial jurisdiction. Since June 22, 2022, citizenship recognition proceedings involving residents abroad must be judged by the court corresponding to the birthplace of the father, mother, or Italian ancestor who originated the line of descent.

Since the ancestor of the family recognized in the decision was born in a comune under the jurisdiction of the Corte d'Appello di Trieste, the local court was deemed competent in an indefeasible manner to judge the case — that is, the family could not choose another forum.

This rule is fundamental for Brazilians considering filing a lawsuit: the competent court is not freely chosen but determined by the comune of birth of the Italian ancestor. Therefore, correctly identifying this information, often through document searches in Italy, is an indispensable step before even defining the legal strategy.

The Context of Discussions on Generational Limits in Citizenship Transmission

The Trieste decision is also part of the broader legal discussion about generational limits in the transmission of Italian citizenship by descent, a topic regulated by Law 91/1992 and which gained strength after the Decreto Tajani, converted into Law 74/2025. This decree restricted the transmission of citizenship by descent to children and grandchildren born abroad, significantly altering the scenario for later generations, and its retroactivity — which affects the substantive rights of those born before the change — is today the subject of discussion in Italy's highest courts.

It is important to note that the Corte Costituzionale and Corte di Cassazione are distinct bodies with different functions within the Italian judicial system. While the former analyzes the constitutionality of laws, the latter standardizes the interpretation of subconstitutional legislation — including, currently, through its Sezioni Unite, which must rule on the retroactivity of Decreto Tajani. Families with ongoing proceedings should closely monitor how different Italian courts are interpreting these limits, case by case, especially in light of changes brought by the decree.

What This Means in Practice for Brazilian Families

Decision No. 2349/2026 reinforces that judicial proceedings remain a viable path for those facing excessive wait times in consular or administrative channels, within the limits imposed by Decreto Tajani. At the same time, it highlights the importance of two key considerations for any family evaluating this path:

• Precisely identifying the comune of birth of the Italian ancestor, since this determines the court competent to judge the process;
• Gathering complete documentation proving the line of descent, including the absence of the ancestor's naturalization in another country before the birth of the next descendant.

Each case depends on an individual analysis of the documentary chain and specific family circumstances. Decisions such as that from Trieste do not guarantee automatic results for other proceedings, but they help illustrate how Italian courts are handling similar requests, especially in light of structural consulate delays. To follow other developments on this topic, it is worth consulting the Italy News and Life in Italy sections of Raízes Italianas.

The decision of the Tribunale di Trieste is another chapter in a legal scenario that continues to transform, with Decreto Tajani and discussions in Italian courts shaping the future of citizenship recognition by descent.

Do you want to know if you have the right to Italian citizenship? Talk to a specialized advisor.