Recent judicial decisions in Italy have produced conflicting signals regarding the application of Law No. 74 of May 23 that restricts citizenship by descent. The latest development came from the Tribunal of Brescia, which on March 27, 2026, granted Italian citizenship jus sanguinis to a Brazilian family spanning multiple generations, including great‑grandchildren and great‑great‑grandchildren of an Italian emigrant. The ruling directly addressed the new limitations introduced by the 2025 Tajani Decree, which narrowed eligibility for those born abroad who hold another nationality.
In its decision, the Brescia court held that once a bloodline is proven, citizenship must be considered an original right acquired at birth. According to the judge, being born outside Italy cannot interrupt the transmission of citizenship without creating unequal treatment among citizens. The case involved descendants of an Italian born in Caravaggio in 1887 who never renounced his nationality. The Ministry of the Interior did not appear in the proceedings and was declared in default, though the ruling remains subject to appeal.
The Brescia judgment follows a similar decision issued days earlier by the Tribunal of Venice, both of which have been interpreted by specialists as signs of judicial resistance to a strict reading of the new law. However, our legal experts caution that these rulings are not binding and may be overturned. Other courts have taken the opposite stance, including the Tribunal of Ancona, which recently denied recognition under the revised legislation.
The broader legal landscape remains unsettled as the Constitutional Court prepares to examine the legitimacy of the 2025 reform. A final ruling has not yet been issued, though the Court has already rejected, on procedural grounds, an earlier challenge brought by the Turin court. Additional cases, including one from Mantova, are scheduled for review in June. Until the Court provides definitive guidance, lower courts continue to evaluate citizenship claims individually, contributing to a patchwork of decisions that leave applicants and legal practitioners navigating significant uncertainty.
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