A decision by the Court of Ancona, in the Marche region, is drawing attention for the reasoning adopted in denying an application for Italian citizenship following Decree-Law 36/2025, the infamous... Tajani Decree.
This case is not isolated. Other negative rulings have already been recorded. But, in this case, the highlight is the fact that the judge... Tania De Antoniis to have based his decision in a press release from the Constitutional Court, before the full judgment is released.
The ruling was published on April 19, 2026, in case number 2414/2025, and rejected the request from Brazilian descendants of Italians.
Cautious atmosphere in the courts.
Since the new law came into effect, the Italian judiciary has adopted a cautious stance.
Few favorable decisions were published. In many cases, Judges opted to postpone trials. while awaiting the Constitutional Court's position on the validity of the rule.
This context is evident in the ruling itself, which highlights the relevance of the Court's recent understanding to the outcome of the case.
Justification based on a statement.
The central point of the decision lies in the use of an official statement as a legal basis.
The judge cites the statement released by the Constitutional Court on March 12, 2026, one day after the hearing on the constitutionality of the new law.
According to the ruling, the statement said that "The judge considered the issues to be partly unfounded and partly inadmissible."It also notes that "The Court declared the objections unfounded.".
Based on this, the Ancona decision states that "The decision thus anticipated is sufficient to deem the applicable regulations legitimate.".
Decision without published ruling.
The ruling acknowledges that the full content of the Constitutional Court's decision... has not yet been released.
Nevertheless, the court considered the press release sufficient to dismiss the allegations of unconstitutionality.
The text states that "The allegations regarding unconstitutionality should be considered to be superseded.".
Application of the new rules
Based on this understanding, the judge directly applied Decree-Law 36/2025.
The ruling highlights that "An individual born abroad who holds another citizenship does not acquire Italian citizenship.".
It also reinforces that recognition depends on specific criteria, such as the existence of a first- or second-degree ancestor who is exclusively Italian.
The relationship did not meet the criteria.
In the case analyzed, the family relationship was considered insufficient.
The decision indicates that the Italian ancestor "is the great-grandfather or great-great-grandfather of the applicants." Given this, the court concluded that they were not entitled to Italian citizenship.
In the end, the decision was straightforward: "the appeal is rejected." The decision is still subject to appeal.
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