After the Constitutional Court’s recent decision about the Tajani Decree, many with Italian ancestors further back in the family line than grandparents have been wondering what protection can be offered to those who had the intention to exercise their right to Italian citizenship under the previous rules, but were effectively prevented from doing so—not through any fault of their own, but because they were unable to secure appointments with their local Italian consulates.
In practice, the inaccessibility of public administration left them unable to act on a right that, in theory, was still available to them at the time. On this topic, the Court of Palermo’s decision from a few weeks ago shows that there are still opportunities to have an application considered outside of the framework of the Tajani Decree. Read on to learn about how this might fit your case.
What happened with the Constitutional Court
On March 11, 2026, the Constitutional Court held a hearing for arguments for and against the constitutionality of the Tajani Decree. The primary points addressed the acquisition at birth of the right to Italian citizenship, the unfairness of a retroactive application of the law, a potential violation of equality, and the reputed improper use of a decree-law.
While the details regarding the final decision are not available at the time of this article, we will keep readers appraised of further developments and potential new challenges to the Tajani Decree.
With that said, a negative ruling does not mean it is impossible for applicants to still be considered under the old rules, as the recent decision made by the Court of Palermo shows.
The Court of Palermo confirms Italo-Argentinians’ application despite Tajani Decree
In the recent case involving a group of Italo-Argentinian, these applicants had attempted multiple times before the Tajani Decree to secure an appointment to file their citizenship jure sanguinis application. They also submitted a diffida (a formal written notice) after these attempts. The Ministry of Interior argued that since their application was only official submitted after the Tajani Decree went into effect, that they should be considered under the new rules. However, the Court of Palermo accepted evidence of the applicants’ multiple attempts to secure an appointment before the Tajani Decree and granted them citizenship.
Potential future challenges to the Tajani Decree
While the Constitutional Court has initiated a first review of the Tajani Decree against the recent legal questions brought against it, this does not mean it will not be considered again in the future. Both the Courts of Mantova and Campobasso are challenging the Tajani Decree as well for different constitutional issues.
Significantly, the Supreme Court is also looking at whether or not the Tajani Decree can be applied retroactively. This should be addressed on April 11, 2026.
Conclusion
What the above example with the Italo-Argentinians’ application shows is that if you attempted unsuccessfully to secure a citizenship appointment before the Tajani Decree, you might still be able to be considered under the previous rules. If you have records attesting to your efforts, we encourage you to save them and include them in your citizenship application. In addition, if you were placed on a consular waiting list prior to the entry into force of the Tajani Decree you may also have grounds to pursue recognition of their citizenship through the courts. With that said, as mentioned above as well, the issue of whether or not the Tajani Decree can be retroactively applied to those who were born before its introduction is also still under consideration.
Get in touch with ICA for help
If you have questions about your case or would like to apply, don’t hesitate to contact Italian Citizenship Assistance today at [email protected]. We would be more than happy to help.
