The Venice Court admitted the intervention of a minor in an Italian citizenship process initiated by her father before the entry into force of Law No. 74 of 2025. known as Tajani LawThe decision acknowledged that the new rule does not prevent the participation of minor children when the main proceedings are already underway.
The sentence was handed down by Judge Gabriela FaveroThe case is considered relevant by lawyers who are following similar cases in different Italian courts.
The process began before the reform.
The father's legal proceedings began in February 2024. The reform came into effect on March 28, 2025. The minor daughter's intervention was filed in December 2025, already under the new law.
The judge analyzed article 1,1 ter Law No. 74 of 2025 establishes that minors born before the reform may have their citizenship recognized if their parents have filed an administrative request or judicial appeal by March 27, 2025.
Valerio PiccoloThe lawyer for the case said that "the judge identified that there is an exception for minors."
He explained: “Article 1, paragraph 1, of Law No. 74 of 2025 establishes that minors born before the reform may have their citizenship recognized if their parents submit an administrative request or judicial appeal by March 27, 2025.”
According to the lawyer, the judge observed that this rule appears only in the Conversion Law, and not in Law No. 91 of 1992. He believes this demonstrates that it is a transitional provision.
"The goal was to prevent children from losing rights that their parents were already pursuing," he stated.
The decision highlighted that, for minors, the reform does not have retroactive effect when the parents' legal process was already underway.
Valerio Piccolo explained: “This means that the protection covers all relevant procedural acts during the process, including interventions by minors submitted after the reform, provided that the main process had been initiated beforehand.”
According to him, "the practical conclusion is that legal proceedings initiated before March 27, 2025, can include minor children through procedural intervention, even if filed after the reform."
An isolated but relevant decision.
The ruling is considered an isolated case. Even so, it could influence future cases.
There are reports of refusals in several courts, such as Venice, Brescia, and Palermo, where judges have not accepted similar interventions.
There is also uncertainty regarding hearings scheduled for 2027 and 2028. Legal professionals point out that it is not yet possible to predict whether requests for intervention will be admitted in these proceedings.
Despite this, Venice's decision is seen as a significant victory in the judicial sphere and as a possible benchmark for future cases.
What is intervention in the process?
InterventionIntervention, or intervention, is the act by which a third party enters a legal process that is already underway.
In the case of Italian citizenship, this occurs when a minor child It requests to be included in a lawsuit already filed by the father or mother.
If accepted, the intervention allows the minor to formally participate in the process and have their rights reviewed by the judge within the same legal action.
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