A Salerno Court of Appeal delivered, this Thursday (09), a fundamental decision that reinforces the right to citizenship. jure sanguinisIn overturning a previous ruling, the judges reaffirmed the status of Italian citizenship. It has a permanent and imprescriptible nature., and cannot be limited by administrative obstacles.
The case began in Ordinary Court of Salernoprior to the Tajani Decree, which had rejected the request of an Argentinian applicant on the grounds of "lack of standing." At the time, the first-instance judge argued that, since the applicant's father had already been recognized as Italian by the Court of Rome in 2019, the son should seek registration directly at the consulate, without resorting to the judicial process.
However, the Salerno Court of Appeal accepted the legal reconstruction presented by the lawyer. Maria Stella La MalfaThe ruling clarifies that citizenship is an original right and that the judicial request serves to eliminate uncertainties.
According to the text, "the request for recognition of citizenship by right of blood falls into the category of legal actions known as declaratory actions, since the request and the subsequent action of the judge aim to eliminate a state of legal uncertainty."
The judges emphasized that "the action in question, therefore, is not constitutive because it does not aim to create a new legal status, but rather to confirm the right to Italian citizenship possessed uninterruptedly since birth by the descendant of an Italian citizen." The text also reinforces that "the citizenship status, once acquired, is permanent and imprescriptible."
The decision also pointed out that the place of birth is irrelevant, since the right is transmitted by blood. With the verdict, the Ministry of the Interior was ordered to pay the court costs of both instances. The Court understood that the responsibility for the slowness and difficulties imposed by the consulates cannot be attributed to the citizen.
The victory comes at a strategic moment. Next Tuesday, April 14, 2026, The Court of Cassation will rule on the application of the Tajani Decree.The ruling will determine whether the new restrictions in the 2025 law can, among other things, retroactively affect the rights of Italian descendants.
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