As many seeking Italian citizenship jure sanguinis know, the Tajani Decree has presented considerable challenges in the process. However, there is genuine hope for those who unsuccessfully attempted to schedule consular appointments before the March 27, 2025 deadline. While we still await the decision on the June 9th, 2026, hearing with the Constitutional Court on the constitutional compliance of the Tajani Decree, we are starting to see progress in the civil courts that are adhering to the Supreme Court of Cassation’s ruling back in May.
The Court of Cassation’s May 12, 2026 Ruling
In May, the Court of Cassation issued its own ruling affecting citizenship by descent applicants. The court ruled in favor of applicants who decided to appeal through the courts when they had been unsuccessful in securing a consular appointment after they had tried multiple attempts. The court’s reasoning rested on the idea that jure sanguinis is an inherent right, and that when barriers prevent them from the administrative process, they have the right to present their case before a judge. The courts are now using the Court of Cassation’s ruling in favor of descendants who could not obtain consular access before the Tajani Decree was codified into law. Previously, the Court of Palermo had ruled in favor of Italo-Argentinian applicants who had similar issues with obtaining a consulate appointment. Recently, the Court of Florence has done the same.
What happened in Florence?
On Monday, June 22, 2026 the Court of Florence ruled in favor of a Brazilian family who were unable to complete their formal submission for citizenship ahead of the legislative change. The family was able to prove with documentation that they made repeated attempts to obtain a consular appointment before the Tajani Decree took effect. The court ruled that the legal protections of the old citizenship’s process apply to descendants who can prove they made active, documented attempts to access Italian consular services before March 27, 2025 but were prevented from doing so due to severe administrative overloads and long waiting lists. The judge’s ruling sided in favor of the proof of one’s unmistakable intent to claim it (such as consular appointment requests) before the decree’s cutoff date. After verifying the complete genealogical documentation proving the uninterrupted lineage of the family, the Florence Court’s final decision declared all applicants of the family to be Italian Citizens and ordered for their immediate registration into the Italian civil records. They also ordered the Ministry of the Interior to cover all legal costs of the proceedings.
What this means?
Courts are now consistently recognizing that obtaining an appointment with an Italian consulate has been a challenge that has existed since before the Tajani Decree. Applicants have to compete in an almost “lottery-like” process to get one. If they are lucky enough to obtain one, they then face lengthy delays due to the heavy workload at the Italian consulates. Fortunately, another judge has now prioritized the applicant’s efforts to pursue citizenship over the outcome of the administrative process.
Conclusion
If you have questions about how these newer laws affect your case, we’re here to help! Contact Italian Citizenship Assistance today at [email protected].
