It was published in the Gazzetta Ufficiale, this Wednesday (17), the judgment of the Court of Turin which forwards to the Constitutional Court the question about the validity of the so-called Tajani Decree, a rule that changed the rules for the recognition of Italian citizenship by descent (iure sanguinis).
The publication officially marks the beginning of the trial that could overturn the decree and also the 20-day deadline for the plaintiffs' lawyers and the Avvocatura dello Stato (legal representation of the Italian State) to present their constitutional memorials, that is, written defenses on the issue raised.
The final hearing at the Court is expected to take place between the end of January and March 2026, according to estimates from the entities involved in the process.
The sentence was handed down at the end of July, after Judge Fabrizio Alessandria, of the Turin Court, accepted the arguments presented by two legal associations: AGIS (Associazione Giuristi Iure Sanguinis) and AUCI (Avvocati Uniti per la Cittadinanza Italiana).
The case analyzed involves the process of eight Venezuelan applicants, descendants of Italians, who filed their citizenship applications after the new legislation came into effect.
With the official publication, the process follows the constitutional procedure and may have relevant consequences for all citizenship applications filed after March 28, 2025, in addition to influencing future decisions.
"We're just getting started, but starting today, the real challenge begins, as the procedural deadlines begin. We're a great team of lawyers, and we'll give our best to the Constitutional Court this time too," said attorney Giovanni Bonato.
Also working on the case are lawyers Benedetta Ballatore, Alfonso Celotto, Giovanni Caridi and Riccardo De Simone.
The next steps
1. Memoria di constitution (written defenses)
The parties have up to 20 days to present their defenses to the Court. Legal third parties, such as associations or public bodies with legal interests, may also intervene within this period.
2. Appointment of the Giudice Rapporteur
A Court judge will be appointed as the reporting judge for the case. He or she will prepare a report outlining the facts, arguments, and legal grounds, which will be read at the beginning of the public hearing.
3. Public hearing
In the udienza pubblica, the parties' lawyers present their arguments orally. The Avvocatura dello Stato also participates, officially representing the Italian government. The rapporteur presents his opinion, and the other judges may intervene with questions.
4. Final memorials and reply
Before the hearing, there is a deadline for submitting conclusive memorials or replicas to the arguments presented by the opposing party or the State. This deadline is usually up to five days before the hearing.
5. Deliberation and decision
Once the hearing is concluded, the Court meets in a closed session (camera di consiglio) to deliberate. The decision will be published in the Official Gazette and will be valid. erga omnes, that is, it will be applied to all similar cases.
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