A recent ruling by the Campobasso Court, handed down on May 1, 2025, has rekindled the hopes of thousands of descendants of Italians seeking recognition of citizenship. The decision rejected the retroactive application of Decree-Law No. 36/2025, known as “Tajani Decree”, as the Ministry of the Interior wanted.
The authors of the action, Italian-Americans, with process started before the decree came into force, obtained recognition from Italian citizenship. The judge also ordered the Ministry of the Interior to pay the court costs, highlighting that the decree does not expressly provide for the retroactivity of the new rules.
The government's attempt to restrict citizenship to just two generations born abroad was deemed incompatible with the principle of jus sanguinis, still in force under Italian law. The ruling also rejected the request to suspend the proceedings until the Constitutional Court's judgment – scheduled for June 24 – rejecting the thesis of unconstitutionality of Law No. 91/1992, which governs the matter.
The Ministry of the Interior had requested the immediate application of the decree and the suspension of the process, citing an argument of unconstitutionality pending before the Constitutional Court presented by the Court of Bologna. However, the judge in Campobasso understood that such arguments did not justify the interruption of the recognition of citizenship.
“This is a first, still partial, but fundamental pronouncement by an Italian Court on Decree-Law No. 36/2025, just a few weeks after its approval, and which may represent a warning (warning) important both by Parliament and by other Italian Courts”, said Marco Mellone, lawyer in the case, in a statement.
For Senator Francesco Giacobbe (Democratic Party), the decision represents a confirmation of his political position: “This is exactly what I have defended in the Constitutional Affairs Committee. A rule that affects thousands of people who were already in the legitimate process of Italian citizenship".
The parliamentarian emphasizes that the decree must be rewritten: “It is unacceptable to divide families, granting citizenship to one child and denying it to the sibling. It is a clear injustice, and I will continue to fight to block this decree.”
The Campobasso Court’s decision sets a relevant precedent. Although it deals exclusively with a case initiated before the decree was enacted, the judge’s understanding serves as a harbinger of what may happen in future trials. The court’s clear position against retroactivity is likely to influence other courts and reinforce the criticisms already raised in the Italian Parliament.
The sentence can be downloaded here: Sentence – Court of Campobasso
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