The appeal has ceased to be an exception and has become an almost automatic response in offices specializing in Italian citizenship. Faced with a growing volume of negative rulings in courts across different regions of Italy, “We will appeal."It became part of the process strategy."
The movement is a direct result of the rapidly changing legal environment since... Tajani DecreeA lawyer interviewed by Italianismo reports cases of four rejections in different Italian courts in a single day, despite hearings already scheduled in the Courts of Appeal.
The post-decree maternal line is the most difficult front.
The most hostile field today is that of citizenship through maternal lineage for processes initiated after March 27, 2025. The ruling that underpinned the Constitutional Court's decision no. 63/2026 established the understanding that the courts have been applying: maternal descent does not confer immunity from the new rules of article 3-bis.
In practice, the maternal line transmits citizenship, but the Tajani Decree blocks recognition in the same way. For those who filed after the deadline, the administrative route is closed, and the judicial route requires precise alignment with the exceptions of the law, with rigorous documentary evidence.
Consular queue evidence creates deadlock.
The situation is more delicate for those who filed their applications before March 27, 2025, and who, in theory, would be protected by the previous rules, but are facing judges who do not recognize the evidence of attempts to schedule consular appointments.
"My client proved that he has been on the consular waiting list since 2022, but the judge rejected the request, understanding that the documentation presented did not constitute sufficient evidence for the purposes of the matter." to act"This is sufficient proof of the administrative blockage," said a lawyer interviewed by Italianismo.
According to him, this stance contradicts decision no. 13818/2026 of the First Civil Section of the Court of Cassation, dated May 12, which recognized the consular blockade as a legitimate basis for legal action. However, each regional court has been ruling autonomously since 2022, which makes consistency between decisions difficult.
Last week, Italianismo brought up a similar case: Court of Appeals recognizes Italian citizenship based on Prenot@mi screenshots..
Demands beyond the law are a cause for concern.
A third pattern stands out: decisions that create requirements not foreseen in current legislation. Lawyers report cases in which judges restrictively interpret requirements that have already been met, including in matters already settled by the Court of Cassation. These are specific cases, not binding jurisprudence.
According to the lawyers interviewed, part of the Judiciary seems aligned with the political objective of reducing the volume of recognitions. The Courts of Appeal, however, have shown a more technical approach, and some of the cases rejected in the first instance are reversed at that level.
In the longer term, these lawyers believe that some of the rejections, especially those that ignore evidence of queuing or apply the Tajani Decree retroactively, have grounds to reach the European Court of Human Rights. Meanwhile, the United Sections of the Court of Cassation still need to decide. with sentencing expected in the coming daysissues that could redefine the framework for ongoing processes.
