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Citizenship

First victory after Tajani decree: Court recognizes Italian citizenship in new case.

Historic victory in Venice: Italian court ignores "Tajani Decree" and recognizes citizenship of descendants from birth.

Historic precedent: Venice court rules in favor of descendants and ignores new restrictive rules.
Historic precedent: Venice court rules in favor of descendants and ignores new restrictive rules.

A favorable ruling, dated March 12, 2026, recognized Italian citizenship in a case initiated in November 2025 at the Venice Court. The action — filed in November 2025 — it was structured directly against the effects of Tajani Decree and resulted in the recognition of citizenship status from birth.

The case involves third and fourth generation descendants. The Italian ancestor was born in 1861.

According to the lawyer Claudio LaganàThe strategy adopted from the outset was to distance itself from any connection to previous administrative procedures or requests. The petition was built on the basis of the illegitimacy of the rule and the nature of the right to citizenship.

Legal strategy

According to the lawyer, the request did not use proof of attempts through the consulate nor administrative arguments. The action was based exclusively on legal understanding consolidated over decades.

"It's a petition made entirely against the reform. There isn't even a single word about the screenshots," he stated. Italianism.

He also highlighted that the strategy sought to directly discuss the nature of the right to citizenship. "Everyone signed up with a brand new petition from scratch. Talking about the nature of the right," Laganà said.

Judge Chiara Martin directly analyzed the status civitatisThe decision acknowledges that the authors are Italian citizens from birth, regardless of subsequent events.

"The Court of Cassation has already defined citizenship status as a perfect right. Imprescriptible, redeemable at any time. And of a permanent nature," said the lawyer.

Decision made without input from the Public Prosecutor's Office.

The Public Prosecutor's Office did not become involved in the proceedings. Even so, the expectation is that the Italian state will appeal in the next stages.

The ruling was delivered in Venice, a court considered relevant in this matter. According to the lawyer, approximately 70% of cases are processed in this court.

"If Venice starts to rule positively by recognizing that birthright status is acquired, it creates a significant precedent in the current legal system," he explained.

The understanding adopted may influence future judgments. This is because it reinforces the interpretation that the right to citizenship cannot be limited by norms considered illegitimate.

Impact and next steps

The lawyer described the decision as an important victory, following a period of legal uncertainty. He stated that the outcome has not only professional value, but also symbolic value for the Italian community abroad. "It's more of an emotional victory than a professional one."

The decision represents a first step in a scenario that is still being defined. Further rulings should indicate whether this understanding will be consolidated.

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