The Regional Administrative Court (TAR) of Lazio will hold its second hearing on Wednesday, January 14, regarding the appeal questioning the legality of Circular No. 26185. The document was issued by the Italian Ministry of the Interior on May 28, 2025.
The circular created the category. "Italian citizen by benefit of law" for minors born outside of Italy. The trial, overseen by Judge Antonietta Giudice, is being followed by Italian communities abroad. The decision could affect the recognition of citizenship for children of Italians born outside the country.
The legal dispute began after the enactment of Law 74 (Tajani Decree) in May 2025. This law amended Law 91/1992 and eliminated automatic recognition for several cases of births abroad. The new rule requires a formal declaration from the parents.
The appeal was filed by the office Studio Legale Pinelli Schifani & Caronia on behalf of Confederation of Italians in the World (CIM), and the first hearing took place on November 12 of last year. The entity alleges that the administrative text creates obligations not foreseen in the original law.
Attorney Giuseppe Pinelli stated that "the judge requested additional clarifications regarding the jurisdiction and the association's interest in the case." According to him, these points will be discussed at the hearing this Wednesday.
The defense argues that the term "benefit of the law" does not appear in the legislative text. The appeal also points to possible constitutional violations, such as unequal treatment. Another point questioned is the retroactive application of the rules in cases prior to Law 74.
The court may dismiss the appeal, partially accept the request, or refer the case to the Constitutional Court. Courts in Turin and Mantua have already adopted this procedure for referral for constitutional review.
