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Citizenship

Unprecedented case: Court imposes daily fine for delay in Italian citizenship application.

Municipality faces unprecedented sanction for failing to comply with court order regarding Italian citizenship.

Lawyers Andrew Montone (left) and Valerio Piccolo (right), who are representing the plaintiffs against the municipality of Castagnaro, in Veneto.
Lawyers Andrew Montone (left) and Valerio Piccolo (right), who are representing the plaintiffs against the municipality of Castagnaro, in Veneto.

In an unprecedented decision, the Verona Court ruled A fine of 100 euros per day of delay. The municipality of Castagnaro was fined for failing to comply with a court order to transcribe the Italian citizenship of three Brazilians. The sentence was issued on October 29, 2025, by Judge Cristina Pezzini, and sets a significant precedent on the matter.

The measure is based on Article 614-bis of the Italian Code of Civil Procedure, which allows for the application of a coercive fine — called penalty payments — to ensure compliance with court decisions. The municipality ignored its obligation to carry out civil registrations for months, even after formal notification.

“In accordance with Article 614-bis of the Code of Civil Procedure and considering the request of the applicant, it is determined that, after the deadline has passed, the obligated party must pay the applicants the amount of €100 for each day of delay, starting from the notification of this decision, until the necessary transcriptions, registrations and annotations are made,” declared Judge Cristina Pezzini in the ruling.

Three Brazilians were recognized as citizens.

The Italian citizenship of Brazilians was recognized in a final ruling by the Court of Rome, issued in December 2023. However, without the registration in the civil registry, the applicants could not exercise their rights as Italian citizens — such as applying for a passport, identity card, and other consular services.

The judge stipulated a 15-day deadline for the designated official to complete the transcriptions. Failure to comply will result in a fine of €100 per day of delay, to be paid to the applicants themselves.

The center of Castagnaro, a municipality in Veneto, is involved in an unprecedented decision regarding the transcription of Italian citizenship.
The center of Castagnaro, a municipality in Veneto, is involved in an unprecedented decision regarding the transcription of Italian citizenship.

Legal framework for new cases

According to lawyer Valerio Piccolo, who is involved in the case, this is a significant step forward. "Unlike what happened in the Paola court, in this case the judge adopted a concrete executive measure, imposing an obligation to act and respect the court order already issued in a voluntary jurisdiction proceeding," he stated.

The case cited by the lawyer was reported by Italianismo. in the article "Italian citizenship: Court orders immediate transcription of civil documents of Brazilian family."which addressed another relevant decision, although without imposing a fine.

Andrew Montone, also a lawyer in the field, highlighted the historic nature of the decision. “I see this decision as a clear sign that the magistrate in Verona is reinforcing the seriousness of the recognition of citizenship.” jure sanguinis "And the need to comply with court decisions. It's not just about bureaucracy. It's about ensuring that the right recognized in a judgment has practical effect," he stated.

The application of fines penalty payments — a mechanism originating in French law — is gaining traction as a tool to ensure the effectiveness of court rulings in Italy, particularly in citizenship cases, where many local administrations remain inactive in the face of final and unappealable judgments.

Apparently, after so many refusals and delays, it seems the tables have turned — and those who disobey the law are the ones who pay the price.

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