The Court of Cassation in Rome, the highest court in Italy, has ruled that lawsuits seeking recognition of citizenship by right of blood filed by residents abroad must be filed in the court of the place of birth of the Italian ancestor.
The decision is contained in sentence no. 283/2026, published on January 6, 2026. The understanding eliminates the possibility of filing a lawsuit in the Court of Rome based on the jurisdiction of the Public Administration.
Understanding of the Supreme Court
The case examined a conflict of jurisdiction after the Court of Rome declined to hear a citizenship application and referred the case to... Court of Venice.
The plaintiffs, represented by lawyers Giovanni Bonato and Riccardo de Simone, argued that the court of Rome should be considered an alternative to the court of the Italian ancestor's place of birth. According to this argument, there would be a conflict between the two criteria.
The Court rejected that argument.
Legal base
The decision cites article 4, paragraph 5, of Decree-Law no. 13 of 2017, as amended by Law no. 206 of 2021. The rule establishes that, when the applicant resides abroad, territorial jurisdiction must observe the comune of birth of the father, mother, or Italian ancestor.
According to the Court, this rule constitutes an express derogation from the so-called foro erariale, provided for in Article 25 of the Italian Code of Civil Procedure.
The understanding is that the legal criterion is clear, specific, and incompatible with the alternative application of the Rome Statute.
Practical impact
With this decision, descendants of Italians will have to file lawsuits in the court corresponding to the place of birth of their ancestor in Italy.
Descendants of emigrants born in the Veneto region will have to file their applications in Venice. Descendants of Tuscans will have to file their applications in Florence, for example.
The jurisdiction was declared non-derogable.
See the full sentence:
FOLLOW-US
COSMONAUT 2
February 22, 2026 at 15:10 am
Let's file our lawsuits!!!
Zione
February 23, 2026 at 13:23 am
What I liked was the name of the Court of Cassation.