Those who have been following our blog are probably well aware of the Tajani Decree that was codified into law in May 2025, limiting Italian citizenship jure sanguinis to those with Italian parents or grandparents, along with the fact that the Constitutional Court will be reviewing the law in 2026. There is hope, though, for those who have attempted unsuccessfully to schedule appointments before the law went into effect, as has just been demonstrated in a landmark ruling in the favor of Italo-Argentinian applicants. We cover what happened on February 13, 2026 in the article below.
The issue of lengthy consulate wait times
At the time of the issuance of the Tajani Decree applicants for Italian citizenship by descent had to contend with lengthy wait times due to the workload of Italian consulates. Sometimes these waits could last two years or more before new appointments opened. We had previously given advice on what to do when you are faced with a particularly long wait time. Some consulates offered waiting lists, and in some cases, namely if wait times took two years or more, the applicant could file a diffida, or “denial of justice” to request an appointment. This could also be done if an applicant has been rejected or has not yet heard back on an application for two years or more. Thankfully, such wait times are less common now.
Furthermore, it is important to note that those who secured an appointment prior to the Tajani Decree, with an appointment date after the Tajani Decree, will be considered under the old rules.
With this in mind, what recently happened with a group of Italo-Argentinian applicants?
What happened with the Italo-Argentinian applicants
A group of applicants from Buenos Aires had been trying repeatedly to secure a consulate appointment through Prenot@mi to apply for Italian citizenship by descent before Decree-Law 36/2025 went into effect on March 28, 2025. They had also sent a formal diffida (legal notice) to the consulate before the Tajani Decree. Despite not qualifying for citizenship under the parameters of the Tajani Decree, the Italo-Argentinian applicants sought to demonstrate their right to be processed under the old rules, which they had been following when, due to no fault of their own, they had been unsuccessful in securing a consulate appointment.
The legal issue
The Italo-Argentinian family’s application was formally filed on March 28, the same day the Tajani Decree went into effect. Because of this, their application faced some pushback by the Ministry of Interior while undergoing consideration by the Court of Palermo. According to the Ministry, their application should be considered under the law of the Tajani Decree since it was filed after the entry into force of the new rules. The applicants instead sought to prove that they had attempted numerous times to file their application before the decree.
The court’s positive decision and what this means for similar cases
Ultimately, the court found that there was sufficient evidence to prove the applicants’ attempts to secure an appointment before Decree-Law 36/2025. The Ministry of Interior was ordered to carry out the registration of Italian citizenship to all applicants.
With much legal controversy following the Tajani Decree and its conversion into law, the court’s decision provides strong legal basis for those also who were trying to secure an appointment at their local Italian consulate. The Constitutional Court will also be reviewing the Tajani Decree at some point this coming year, and their decision could decide the future of the law and its effects on citizenship jure sanguinis.
Conclusion
If you have concerns about your own citizenship application or are wondering how the Tajani Decree affects your case, we’re here to help! Contact Italian Citizenship Assistance today at [email protected].
