Tribunale di Venezia confirms citizenship iure sanguinis

The Tribunale di Venezia recognized, in a ruling favorable to the claimant, the right to cittadinanza italiana iure sanguinis based on documentary evidence of the chain of descent; the decision was published on 11/02/2026 as sentence no. 20352/2026, according to the text released by Diritto Pratico.

Summary of the decision — Tribunale di Venezia, case 2025

The sentenza n. 20352/2026 of the Tribunale di Venezia, published on 11/02/2026, held the request for recognition of cittadinanza italiana iure sanguinis to be procedente, in accordance with the text of the decision published by Diritto Pratico (source: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20352.html#358d2).

The court understood that the Italian ancestor cited in the case was born before the annexation of 11/20/1866 and, therefore, acquired Italian citizenship at the time of unification, with that status transmitted to descendants in the absence of evidence of foreign naturalization or renunciation. The chain of descent was proven by civil registry certificates presented by the applicants.

The Ministry (the defendant) did not appear in court. The Tribunale di Venezia declared its competence based on the rules the court understood applicable in the concrete case (the decision mentions the forum rules provided by legge 206/2021, as applied by the court in the referenced case), which tie competence to the forum linked to the comune of birth of the progenitor when the applicant resides abroad.

Key legal grounds — Italian citizenship and annexation

The court grounded its decision in citizenship legislation, in particular legge n. 91/1992, and in historical rules relating to the annexation of territories to the Kingdom of Italy. The sentence also analyzed the pre-unitarian context and the effect of the Regio Decreto of 04/11/1866 n. 3300 (R.D. 04.11.1866 n. 3300), which deals with the regime of populations in the annexed territories.

The Tribunale verified the transmission iure sanguinis by confirming that:

• the ancestor was born before the annexation and, therefore, was subject to norms that conferred Italian status after the annexation;
• there was no proof of loss of citizenship through foreign naturalization or renunciation by the ancestor;
• the civil documentation presented established the necessary chain of descent for the recognition.

"La competenza è stata dichiarata secondo le disposizioni applicate dal tribunale, con riferimento alla disciplina che individua il foro collegato al comune di nascita del progenitore quando il richiedente risiede all'estero." (Summary of the provision cited in the sentence, as published by Diritto Pratico.)

The Tribunal applied consolidated principles on transmission of citizenship by descent and conducted a detailed documentary review in accordance with legge 91/1992 and with the historical evidence relating to the 1866 annexation.

What this means in practice for Brazilian families — Italian citizenship and Tribunale di Venezia

For descendants of Italians in Brazil, the decision confirms that it is possible to obtain judicial recognition of citizenship when the documentary chain demonstrates a direct link to an ancestor who was already considered Italian after historical territorial annexations. Practical points drawn from the ruling:

• presenting civil registration certificates that chain birth, marriage, and death up to the Italian ancestor is essential;
• the Ministry's absence in court does not substitute for the need for complete and correct documentation;
• court cases can take years: this case was filed in 2025 and a decision issued on 11/02/2026, i.e., about 22 months of proceedings;
• applicants should consider appeal deadlines and the potential duration of subsequent proceedings.

This context connects with materials on Cittadinanza Italiana and legal news published in Notícias da Itália and guidance for those planning to relocate or pursue recognition in Vida na Itália.

Effect of the Tajani Decree (L. 74/2025) and the question of competence

The Venice Court decision cited the competence framework used by the court, but did not rely on or discuss the Decreto Tajani (DL 36/2025, converted into L. 74/2025) on the merits of citizenship attribution in this case. It is nevertheless essential to spell out key points of the latest legislation and legal debate, as they profoundly impact applicants:

• Following the conversion of DL 36/2025 into L. 74/2025 (the so-called "Decreto Tajani"), there were important restrictions on administrative and consular recognition of citizenship: in practice, administrative recognition at the comune became, in most cases, restricted and no longer a viable path as before; concurrently, access via the consulate was effectively limited to children and grandchildren (later generations — e.g., great-grandchildren — lost direct consular access for recognition requests). These are material procedural changes relevant for applicants abroad.

• More importantly: the Tajani Decree contains a provision that affects the substantive right of jure sanguinis recognition, with retroactive effects — in other words, the decree states that certain people born abroad (who are not children or grandchildren of Italians, as defined by the decree) "were never Italian." This is a substantial and controversial issue because the decree does not merely change future procedures but seeks to strike a right many individuals claimed to possess since birth. This material retroactivity is the subject of intense debate and legal challenges.

• The Tribunale di Venezia did not address or apply the Tajani Decree on the merits. However, potential applicants should be fully aware that the legislative framework has changed and that the interpretation and application of these provisions — particularly regarding material retroactivity — have a direct impact on the practical possibility of recognition and on which avenues (administrative, consular, judicial) are effectively available.

Given the recent legislative developments and the complexity of retroactivity, we recommend consulting a specialized attorney to assess the impact of the Tajani Decree/L. 74/2025 in each concrete case, especially regarding the possibilities and limits of judicial action and the chances of success under the new provisions.

Practical tips and next steps for prospective applicants — Italian citizenship, documentation, and forum

For those considering initiating a judicial request for citizenship recognition:

• Gather civil certificates (birth, marriage, death) with a Haifa (Apostille) where applicable, and sworn translations per Italian requirements. These certificates should chain the direct line of descent to the Italian ancestor.
• Verify the ** comune of birth** of the ancestor: the definition of the forum is important for procedural strategy, especially for residents abroad, due to the competence rules applied in recent decisions (including the one applied in this case by the Tribunale di Venezia).
• Assess, with an Italian attorney specializing, whether the judicial route is the recommended path — especially because, after the DL 36/2025 converted into L. 74/2025, administrative and consular recognition were significantly restricted (in practice, administrative recognition at the comune became non-viable in most cases, and consular recognition was limited to children and grandchildren).
• Prepare for long deadlines and potential appellate steps; monitor decisions from higher courts (including possible rulings from the Sezioni Unite of the Corte di Cassazione and the Corte Costituzionale) that may address constitutionality and retroactive effects of the decree.

To deepen concepts and procedures, consult the Raízes Italianas Cidadania Italiana.

Conclusion

The sentenza n. 20352/2026 of the Tribunale di Venezia recognized the right to Italian citizenship iure sanguinis based on documentary proof of descent and historical analysis related to the 1866 annexation; the decision was published on 11/02/2026 and is available in full as per the text published by Diritto Pratico (https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20352.html#358d2).

Important: while this case ruled in the applicant's favor on the merits, the legislative framework changed with the DL 36/2025 (converted into L. 74/2025). These changes restricted administrative and consular recognition in many cases and introduced a provision with retroactive effects impacting jure sanguinis rights for certain generations. We always recommend obtaining specialized legal advice before initiating any procedure.