Catanzaro Court Confirms Italian Citizenship by ius sanguinis

The Tribunale di Catanzaro recognized the cidadania italiana iure sanguinis in sentence no. 3712/2026, published on 28/09/2026, and decided, in the concrete case, that the judicial route may be filed without the prior conclusion of the consular administrative procedure nor the 730-day period provided for in DPR 362/1994, as stated in the decision text published by Diritto Pratico.

IMPORTANT NOTICE (essential legal context): since the Decreto Tajani (Decreto-Legge n. 36/2025, converted into Law 74/2025), there have been significant changes in the landscape of recognizing Italian citizenship by descent. Among the most important effects are:

• restriction of the consular route: consular recognition became restricted to children and grandchildren of an Italian citizen; great-grandchildren and later generations, in normative terms introduced by the decree, largely lost the possibility of direct consular recognition in many cases;
• material retroactivity declared by the decree: the legislative act declares effects reaching past births, which may prevent iure sanguinis recognition for certain individuals who, before the decree, were considered to have the right from birth;
• the judicial route continues to exist, but the interpretation and application of the decree raise complex questions about retroactivity and protection of already-filed proceedings (noting that the decree itself provides protection for actions filed before it came into force).

These points are central to any practical reading of the Tribunale di Catanzaro decision: the court's ruling applies to the concrete case but should be read in light of DL 36/2025 and subsequent jurisprudence and debates on material retroactivity.

Summary of the decision — Italian citizenship, Tribunale di Catanzaro

The decision no. 3712/2026, published on 28-09-2026 by the Tribunale di Catanzaro, addressed a request for recognition of cidadania italiana iure sanguinis filed by a applicant who claimed direct descent from an Italian citizen born on 11-02-1943. According to the decision text published by Diritto Pratico, the court granted the request and recognized the applicant's status as a cittadina italiana (source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/catanzaro/2026/3712.html#fa356).

The Ministry (Presidenza del Consiglio / competent Ministry) attended the proceedings, arguing questions related to the constitutionality of norms discussed in other proceedings; the Tribunale di Catanzaro noted the subsequent sentence of the Corte Costituzionale n. 142/2025 (24/06/2025) and, in the case at hand, decided not to suspend the proceedings, proceeding to judgment and granting recognition.

Procedural note: the description of the Ministry's comments and the grounds for any suspension requests are reproduced from the published text; readings and effects in other proceedings depend on timing (filing date) and the specifics of each case.

Jurisdiction and how the case was distributed — judicial action and the originating comune

The Tribunale di Catanzaro held itself competent under art. 4, co. 5, of Decreto-legge n. 13/2017: when the applicant resides abroad, the recognition action is attributed to the court corresponding to the comune of birth of the Italian ancestor. In the concrete case, the ancestor originated from a comune whose judicial district falls under Catanzaro, justifying the specialized bench in that locality to hear the action.

This distribution criterion is practical for anyone seeking the judicial route: it is necessary to correctly identify the comune di nascita of the Italian ancestor to determine which Tribunale will be competent. Italian lawyers often guide clients on this documentary check as a first procedural step.

Importantly: although the above competence rule applies, the viability and content of the action can be affected by the application of DL 36/2025/Law 74/2025, depending on the case and the claimant's generation.

About the administrative/consular route, the 730-day deadline, and the impact of the Decreto Tajani

In the case considered, the court admitted the judicial action without requiring prior completion of the consular procedure or the waiting period of 730 days provided in DPR 362/1994. This is a jurisdictional decision relative to the concrete case.

However, it is essential to add the following normative context that readers should consider:

• Decreto Tajani (DL 36/2025, converted into Law 74/2025): substantially restricted the consular route for citizenship recognition, limiting it, in practice, to children and grandchildren of an Italian citizen. Great-grandchildren and later generations, in many cases, lost the possibility of direct consular recognition due to the new law.
• Material retroactivity: the decree contains provisions that affect substantive rights, retroacting to the birth of individuals in certain cases and excluding, for certain generations, the iure sanguinis right that had been recognized since birth. This is the central issue driving debates on compatibility with constitutional principles and limits to legislative retroactivity.
• Protection of proceedings filed before the decree came into force: the decree itself provides protective rules for actions already underway before its enactment; however, the extent of this protection and the retroactivity analysis depend on the specific case and applicable jurisprudence.

Therefore, the assertion that "the prior administrative attempt is not a condition of procedibilità" is correct for this particular judgment, but its broad applicability cannot be taken outside the DL 36/2025. Applicants (especially great-grandchildren and later generations) require specific guidance on whether and how the decree affects their rights and which path (consular, where still possible; administrative at the comune in very limited cases; or judicial) is feasible in their case.

Precedents and impact of the Corte Costituzionale

The Tribunale di Catanzaro noted the Corte Costituzionale n. 142/2025 (24/06/2025), considered relevant for handling constitutional questions raised in other cases. The Corte Costituzionale is a separate body from the Corte di Cassazione and has the authority to assess norm compatibility with the Constitution.

However, the jurisprudential and legislative landscape was altered by DL 36/2025/Law 74/2025, whose application has been the subject of constitutional and civil challenges requiring case-by-case assessment. The existence of favorable decisions from trial courts (such as Catanzaro) does not imply that the overall framework should be interpreted absolutely for all generations and situations without considering the Decreto Tajani and its possible challenges.

Practical implications for Brazilian families

• The judicial route remains an option for citizenship recognition, but the normative context has changed: DL 36/2025/Law 74/2025 restricted the consular route and introduced retroactive effects that may block the iure sanguinis recognition for great-grandchildren and later generations. Always consult a specialized attorney to assess the specific situation before taking decisions.
• Identifying the comune di nascita of the Italian ancestor remains essential to determine the competent Tribunale under art. 4 co.5 DL 13/2017.
• Essential documents continue to be the chain of birth and marriage certificates, as well as proof of non-naturalization of the Italian ancestor (where required). However, document availability does not eliminate the need to analyze whether the substantive right persists after the application of DL 36/2025 to the concrete case.
• Proceedings filed BEFORE the effective date of DL 36/2025 have protected rules provided by the decree itself; the analysis must be done in light of the law and applicable jurisprudence.

Note: this article refers to the Tribunale di Catanzaro decision in the concrete case and adds the necessary context about DL 36/2025/Law 74/2025. For specific guidance on individual cases, especially for great-grandchildren and later generations, seek specialized legal counsel.

For those seeking initial guidance on citizenship, the portal gathers explanatory materials in our section on Cittadinanza Italiana. To follow other developments and court decisions on the topic, consult our coverage in Notícias da Itália and articles about life for descendants in Europe at Vida na Itália.

"Sentenza n. 3712/2026, Tribunale di Catanzaro" — text of the decision published by Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/catanzaro/2026/3712.html#fa356

In conclusion, the Tribunale di Catanzaro’s decision confirms that, in the concrete case, the judicial route allowed recognition of citizenship by descent without requiring prior exhaustion of the administrative consular path. However, given the normative change brought by the Decreto Tajani (DL 36/2025/Law 74/2025) — with its restrictions on the consular route and retroactive effects on substantive rights — it is essential to analyze each case individually and obtain specialized legal advice before assuming the general applicability of this understanding.