The Regional Administrative Court (TAR) The Lazio Court, in Rome, held on Wednesday, January 14, the second hearing on the appeal against circular no. 26185. The document was issued by the Italian Ministry of the Interior on May 28, 2025.
The circular established the category of Italian citizen by benefit of law for minors born outside of Italy. The measure is based on Law 74, also known as the Tajani Decree, which changed the rules for recognizing citizenship.
The trial was presided over by rapporteur Antonietta Giudice. The action questions whether the administrative circular created obligations that were not foreseen in the original text of the law. The State Attorney's Office did not attend the session.
According to lawyer Giuseppe Pinelli, the hearing focused on technical issues. "The president of the panel of judges wanted clarification on the jurisdiction of the Administrative Court and the legitimacy of..." Confederation of Italians in the World (CIM) to represent the cause.
Pinelli also stated that the judge described the issue as "delicate and sensitive." The defense argues that the term "benefit of law" does not appear in the legislation and points to possible constitutional violations due to unequal treatment.
The appeal also challenges the retroactive application of the rules to cases initiated before Law 74. The court's decision could result in the dismissal of the appeal, the annulment of the circular, or the referral of the case to the Constitutional Court.
Courts in Turin and Mantua have already referred similar issues for constitutional review.There is no set deadline for the publication of the final decision by the Rome TAR (Regional Administrative Court) following this hearing.
