The Court of Rome issued a landmark decision on April 17, recognizing the right to Italian citizenship for minors, despite the restrictions introduced by Law No. 74/2025. The decision was secured by attorneys Salvatore Pinò and Andrea Ferreira for a Brazilian family. With this outcome, Rome joins more than ten courts across Italy that have upheld the rights of minors in proceedings initiated before the new law came into force. The judge accepted an atto di intervento, a procedural mechanism that allowed the children to join the lawsuit already filed by their parents against the Ministry of the Interior.
Legal observers note that the Rome decision may encourage similar petitions from families affected by the legislative changes. It also contributes to reducing the legal uncertainty created by the Decreto Tajani, which introduced generational limits and tightened the criteria for citizenship recognition.
The judge’s ruling notes that the updated legislation requires a constitutionally oriented interpretation of the transitional provisions, capable of safeguarding the pending situations of minors. In other words, the new rules cannot negatively affect cases that were already underway.
It was also written by the judge that the determination of the requirements for citizenship recognition in the main judgment produces the same effects in favor of the intervening minors. Therefore, because the main action was filed under the previous legal framework, the inclusion of the minors is legally valid through the atto di intervento.
The decision also orders the Ministry of the Interior to proceed with the necessary civil registry entries and transcriptions.
While the long‑term impact of the ruling will depend on future decisions from higher courts, including the Court of Cassation, the judgment represents a significant precedent for families with ongoing cases involving minors. For now, the Court of Rome’s stance signals that transitional protections remain in force and that minors included through an atto di intervento can still secure recognition of Italian citizenship despite the new restrictions.
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