The Italian Supreme Court has ruled that the execution of sentences recognizing the Italian citizenship jure sanguinis does not require certification of final judgment. The decision was made in the case of an Italian-Brazilian citizen, recognized as an Italian citizen by the Court of Roma. Despite this, the civil status officer refused to comply with the court order, claiming the lack of the document required by Article 124 of the implementing provisions of the Code of Civil Procedure.
The citizen appealed to the Court of Treviso and the Court of Appeal of Venice, but both instances upheld the requirement for the certificate. During this period, she and her minor son — who already lived in Italy — faced difficulties, such as the inability to access health services and the job market. Only after months of waiting and bureaucracy was the document obtained, but the citizen decided to appeal to the Supreme Court through the principle of virtual defeat.
Supreme Court Position
In decision number 2281/2025, the Supreme Court invalidated the requirement for a certificate of final judgment, arguing that proof of final judgment can be provided by other means that demonstrate the absence of pending appeals. The court emphasized that the legislation does not require certification as the sole means of proof, contrary to the restrictive interpretation adopted by the civil status officer and the lower courts.
The Court also reinforced the responsibility of the mayor (sindaco), as civil status officer of Vittorio Veneto and representative of the Ministry of the Interior, in the execution of the transcription orders. Thus, the Municipality, which had improperly constituted itself in the action, was ordered to pay the legal costs, estimated at 12 thousand euros.
Impact of the decision
The decision is a milestone for the processes of Italian citizenship jure sanguinis, ensuring that those recognized as citizens can exercise their rights without undue bureaucratic obstacles.
The Court reaffirmed that the public administration cannot create requirements not provided for in the law, such as the requirement for a specific document to prove that a final judgment has been issued.
Furthermore, the Supreme Court's understanding can be applied to other processes, such as those conducted under the simplified procedure introduced by the “Cartabia” reform.
The decision also aligns with recent precedents, such as the ruling 14194/2024, which determined that proof of filiation in citizenship processes does not need to be based exclusively on the presentation of a birth certificate.
With this decision, the Supreme Court reinforces legal security for descendants of Italians seeking recognition of their citizenship, avoiding unnecessary delays in the realization of their rights.
Caution
It is still too early to fully assess the practical effects of this decision, especially in ongoing cases. The decision provides a more efficient way of executing citizenship declaratory judgments, avoiding delays resulting from the sentencing rate. However, the full impact of this change still depends on how courts and administrative bodies will apply it on a day-to-day basis.
In Brazil, for example, the situation is different, as court decisions tend to have broader binding force, while in Italy the interpretation of laws can vary.
The lack of a consolidated jurisprudence culture in Italy may make it difficult to standardize procedures, making the scenario more uncertain for those seeking recognition of Italian citizenship jure sanguinis.
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