Amid hundreds of unfavorable rulings on lawsuits filed after the Tajani Decree, across various courts, favorable decisions have begun to emerge in recent days. One of them has just become final: the Bologna Ordinary Court The court recognized Italian citizenship by descent to a family of American citizens who had not formally scheduled a consular appointment before March 27, 2025, the cutoff date established by the new legislation.
The ruling number 3335/2026, issued on April 17, 2026, became final after a 30-day period without the Italian Ministry of the Interior filing an appeal. The case involved descendants of an Italian citizen who emigrated to the United States, with documented lineage up to the fourth generation. The request had been filed in court on May 17, 2025, already under the validity of the... Decree Law 36 / 2025, converted into Law 74 of May 23, 2025.
What does the sentence say?
The decision, signed by Judge Natascia Gardini, acknowledged that the applicants met the requirements set forth in Article 3-bis of Law 91/1992, introduced by the Tajani Decree. The judge also cited... statement from the Italian Constitutional Court of March 12, 2026, which dismissed the main objections of unconstitutionality raised by the Court of Turin regarding the new rule.
The judge understood that the filing of the judicial request, under the terms of subparagraph (b) of Article 3-bis, clearly and unequivocally expressed the intention to request Italian citizenship and fully met the requirements of the applicable legislation.
Context and caution
The lawyer Salvatore Aprigliano, responsible for the case, released a statement confirming that the decision has become final. In the text, he stated: “This does not create a binding precedent nor guarantee success in similar cases, and post-reform litigation remains highly specific regarding the facts. However, it is procedurally significant that at least one favorable post-reform decision from Bologna has already gone through the entire appeals process without contestation.”
Some of the recent favorable decisions are still awaiting final judgment, which is why lawyers have chosen not to disclose them before then.
An attorney interviewed by Italianismo assessed the situation cautiously and used a medical analogy: "If I were to compare it, it's as if the patient had left the ICU and was now in the intensive care unit, and still requires care."
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