The Italian lawyer Marco Mellone He stated that he expects a favorable decision for descendants of Italians in the pending trial in the Sezioni Unite of the Court of Cassation, the highest judicial instance in Italy. "If I have to look at the history of the Italian Supreme Court, there's no other outcome," he declared in a live broadcast. IBDESC (Brazilian Institute of Foreign and Comparative Law), conducted by Suzana Fadel.
Mellone sponsors pending cases at Court of Cassation And in the Constitutional Court against the Tajani Decree, the March 2025 regulation that restricted the recognition of Italian citizenship by descent. According to the lawyer, the established jurisprudence of the Court of Cassation recognizes that citizenship acquired at birth cannot be revoked by subsequent law.
Delay is a "good sign"
The Sezioni Unite held the hearing in April and have not yet published the sentence. For Mellone, the wait indicates caution on the part of the magistrates, not risk. "The fact that the decision has not yet been issued seems to me to be a good sign," he stated. He believes that the judges are studying the case in depth and that the decision may come out before the judicial recess in August, or even in September.
The lawyer said he had “great confidence that only something good, something positive can come out” of the trial. As a reference, he cited the 2022 Sezioni Unite ruling on the large-scale Brazilian naturalization, which he defined as “a clear, unambiguous, strong, direct ruling that left no room for loopholes.”
What if the courts disagree?
Asked about a potential conflict with Constitutional Court Ruling 63/2026, which for now has validated the reform, Mellone pointed out that Disagreements between the two courts have occurred in the past. And that the Constitutional Court ended up following the understanding of the Court of Cassation. "The final word always rests with the Supreme Court, the Court of Cassation," he stated.
He admits, however, a scenario in which citizenship may only be recognized through the courts, should consulates and the Italian administration fail to implement the future ruling.
Appeal in Strasbourg
Mellone also filed an appeal with the European Court of Human Rights alleging a violation of the right to a fair trial in the Constitutional Court's proceedings. He announced that if a new ruling is detrimental to his clients, he will file a second appeal based on Article 8 of the Convention, which protects respect for private life.
What are Sezioni Unite?
The Sezioni Unite (United Sections) are the expanded formation of the Court of Cassation, activated to standardize the interpretation of the law on matters of great importance. Their decisions guide other Italian courts, although they do not automatically bind the public administration. The pending judgment concerns the effects of the Tajani Decree on those born before the new rule.
