Venice Court: Ruling on Italian Citizenship Recognition

The Tribunale di Venezia issued the sentenza n. 18179/2026, published on 05/10/2026, regarding a request for recognition of Italian citizenship by descent (jus sanguinis). The case was filed in 2024; in the available excerpt, the court stated its jurisdiction and declared the Lei 91/1992 applicable to the concrete case, ahead of the later changes introduced by Lei 74/2025 (conversion of DL 36/2025, also known as the Decreta Tajani), according to the text of the decision published by Diritto Pratico. Source: Diritto Pratico.

Summary of the decision

• Sentenza n. 18179/2026 of the Tribunale di Venezia, published on 05/10/2026; case filed in 2024.
• The action was brought by several petitioners to recognize Italian citizenship by descent from a common grandfather (name not transcribed in the excerpt provided).
• In the disclosed portion, the Court declared the matter suitable for judgment, acknowledged its jurisdiction and indicated Law 91/1992 as the applicable norm, prior to the changes brought by Lei 74/2025 (conversion of DL 36/2025, also referred to as the Decreto Tajani). This concerns the application of the law to the concrete case, as shown in the published excerpt.
• The defendant (convened) did not appear (in contumacy).
• The excerpt reproduced and published does not contain the final dispositive that states whether the request was fully granted or denied, so the outcome on the merits cannot be determined from this excerpt. Source: Diritto Pratico.

Jurisdiction of the court and the change brought by Law n.206/2021

The Court recalls that starting from 22/06/2022 (the 180th day after the entry into force of Law n.206/2021), a rule of jurisdiction tied the forum to the birthplace of the father, mother, or the Italian grandfather when the action is filed by residents abroad. In this case, the grandfather was born in a territory within the Venezia Court’s jurisdiction; therefore the case proceeded in that immigration and citizenship specialized section.

This jurisdiction criterion can ease forum selection for applicants living outside Italy, as it allows the judgment to occur in the court territorially linked to the birthplace of the Italian ancestor—useful for organizing evidence and procedural logistics.

Which law applies: essential observations on Law 91/1992 and Law 74/2025 (Decreto Tajani)

The Court notes in the disclosed excerpt that it applied Law n.91/1992 to the case because the procedural act at issue was filed before the entry into force of the regime converted by Law 74/2025. This is the position adopted in the cited decision for the specific case.

Important: this does NOT automatically mean that all cases started before Law 74/2025 will have the same outcome, nor that there is an unrestricted general rule applying the previous law. DL 36/2025 (Decreto Tajani), converted into Law 74/2025, contains important provisions on the matter, and the question of retroactivity is complex and highly impactful — the decree states, in substantive terms, that certain people (born outside Italy and not a child or grandchild of an Italian) were never Italian. At the same time, the decree provisions foresee protection of some pre-existing procedural situations. The interaction of these effects (protection of proceedings filed before the law’s effective date and the retroactive declaration about substantive rights) is the subject of discussion and decisions at different levels. Therefore, applying Law 91/1992 in the Tribunale di Venezia sentence cited here relates to the concrete case and does not constitute a binding automatic interpretation for all similar situations.

What this means in practice for Brazilian families

• In the specific case cited here, the Court applied Law 91/1992 to the proceeding under consideration, but this does not guarantee that all requests filed before Law 74/2025 will have the same result: the issue involves retroactivity of the decree and can depend on the case and on decisions from higher courts.
• Since the Tajani Decree (DL 36/2025, converted into Law 74/2025) came into force, there have been significant restrictions: consular channels generally limited to children and grandchildren of Italians; great-grandchildren and later generations, in most cases, cannot obtain consular recognition. Moreover, administrative recognition in many comuni for foreign applicants has often not been available in practice due to local administrative bans and subsequent regulatory changes. Always consult a specialist regarding the applicable route to your case.
• The jurisdiction change under Law n.206/2021 may favor actions filed by residents abroad being processed by the court corresponding to the birthplace of the Italian ancestor, which can ease logistics and evidence gathering where applicable.
• The available excerpt does not include the final dispositive; therefore, it is not possible to state, based on this excerpt, whether the claim was granted or denied on the merits.

Practical tips and common evidence required

• Organize chain certificates: birth, marriage, and death certificates of the Italian ancestor and all links up to the applicant, with apostille (Haya) and translations where required.
• Document the non-naturalization of the ancestor (proof of no renunciation of Italian citizenship), a central issue in derivation actions.
• Keep residence records, time certificates, and any Italian civil acts needed to demonstrate the transmission line.
• Be mindful of timelines: judicial processes can take years; in this case, the excerpt shows the case started in 2024 and the ruling published in October 2026. Evaluate routes with legal counsel, considering the restrictions introduced by the Tajani Decree.

Source and how to follow

• Decision consulted: Tribunale di Venezia — sentenza n. 18179/2026, published on 05/10/2026; case filed in 2024. Excerpt and record available on the Diritto Pratico site: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18179.html#f3f97 (per the decision text published by Diritto Pratico).
• For evaluation of concrete cases, consult a lawyer specialized in Italian citizenship/jurist local to analyze documents and procedural strategy. Also check other news and updates about citizenship at /noticias and practical content at /vida-na-italia.

In conclusion, the Venice Court sentence excerpt indicates the application of Law 91/1992 to the case with a procedural act prior to the effective date of Law 74/2025, and confirms the new jurisdiction rule arising from Law n.206/2021; however, the retroactivity issues of the Tajani Decree and its effects on substantive rights require caution and do not permit generalized conclusions from this single excerpt. Source: Diritto Pratico.