Venice Court confirms jure sanguinis citizenship (Judgment 18447)

The Tribunale di Venezia, in sentence n. 18447/2026 published on 08/10/2026, recognized the Italian jure sanguinis citizenship of applicants who demonstrated transmission through paternal lineage, applying the legislation in force prior to the conversion of Decreto Tajani (DL 36/2025 converted into L.74/2025) to the case at hand, as they were already part of the proceedings before the legal deadline.

Summary of the decision

• The action was declared admissible by the Tribunale di Venezia (sentence n. 18447/2026, published on 08/10/2026): the ### (applicants) were declared Italian citizens by descent.
• The parties appeared as ### against the Ministry (minister in default). The ruling was issued in a single-judge proceeding; the hearing took place on 30/09/2026.
• The court confirmed that the Italian ancestor did not naturalize abroad before transmitting citizenship and that there was no renunciation by members of the succession chain. Foreign documents translated and apostilled were accepted as proof of transmission continuity.
• These conclusions are contained in the text of the decision published by Diritto Pratico — in line with the directive itself: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18447.html#80474.

Key legal grounds

• The Court applied the pre-existing norms (art. 3‑bis of L.91/1992 in the version prior to the amendment introduced by d.l. n.36/2025 converted into L.74/2025) because the applicants were already part of the process before 27/03/2025 at 23:59.
• Under the previous law, Italian citizenship transmits by descent without generational limit, provided the ancestor was Italian after 17/03/1861 and there is no interruption by prior naturalization or renunciation before the birth of the successor. The Court checked these requirements from the documentary evidence presented.
• The documentary proof — civil status certificates, sworn translations, apostilles, and consular certificates — was deemed sufficient to demonstrate transmission continuity and absence of interrupting naturalization. The Court provided factual and legal reasoning as reproduced in the sentence text (Diritto Pratico).

"The prior normativa was applied because the applicants were already part of the proceedings before the deadline established by the decree," as quoted from the motivation published by Diritto Pratico.

What changes in practice for Brazilian families

• Cases formally initiated (with applicants constituted in the process) up to 27/03/2025 remain governed by the old law — a favorable decision for those who entered the process before that date. This means that, in these matters, the rule of transmission without a generational limit can apply.
• For processes started after 27/03/2025, the L.74/2025 (Decreto Tajani) applies, with different limits and requirements, including restrictions on administrative recognition in the comune and consular processing for great-grandchildren and later generations, per the decree. Those seeking citizenship should verify which rule applies to their case.
• The decision also underscores the importance of proving that the ancestor did not naturalize before transmission and of presenting translated and apostilled documents to instruct the process. For general information, see also the page on Italian Citizenship and related topics in Italy News and Life in Italy.

Deadlines and practical effects

• Declaratory effect: the sentence has formal effect and recognizes the applicants’ Italian citizenship, allowing them to request the transcription of acts and the issue of identification documents (including a passport) with the competent authorities, presenting the court decision as proof.
• Costs and expenses: the Court, in the same sentence, set the matter of procedural costs according to the principle applicable to the case — the decision mentions the compensation/allocation of costs as provided therein. See the sentence text for details (Diritto Pratico).
• Relevant deadline to distinguish norms: 27/03/2025 at 23:59 is the date that defines whether the old law or L.74/2025 applies; it is essential to verify the filing/constitution date in each case to determine the applicable norm.

Risks and recommendations for those pursuing citizenship

• Before filing a court action, it is necessary to check whether the case would be considered initiated before the 27/03/2025 deadline to potentially take advantage of the previous norm.
• Gather now birth, marriage, and death certificates of the ancestors, sworn translations and apostilles, and any consular certificates that attest to the absence of naturalization of the ancestor.
• In case of doubts about interruption of the chain by naturalization or renunciation, or about the impact of L.74/2025 on the concrete case, it is recommended to consult a citizenship-law specialist attorney to assess procedural and documentary strategy.

Conclusion Sentence n. 18447/2026 of the Tribunale di Venezia confirms that, when applicants were part of the process before 27/03/2025, the legislation prior to L.74/2025 applies, enabling recognition of jure sanguinis citizenship if transmission continuity is proven. The full decision text is available at Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18447.html#80474.