Italy’s supreme court (Corte di Cassazione) issued a ruling on May 12, 2026 (n.13818/2026) that could positively impact persons who unsuccessfully attempted to secure a citizenship appointment under the old rules, prior to the Tajani Decree.
Although the particular case for this ruling was initially presented in 2022, the principal basis of the Court of Cassation’s decision applies also to those who attempted applications in good faith before the Tajani Decree restricted citizenship by descent.
The Supreme Court of Cassation’s decision
The group of applicants in question had appealed to the Court of Appeal of Genoa after repeated unsuccessful attempts to secure a citizenship by descent appointment at their local consulate. Genoa had rejected this, stating that the applicants had not had sufficient recourse to pursue legal action in this way. The Court of Cassation then overturned the Court of Appeal’s decision.
Significantly, the Court of Cassation argued that jure sanguinis citizenship was a right that could not be hindered or revoked by bureaucratic processes. Therefore, if hopeful applicants could not make a citizenship appointment, they had a right to pursue a legal route. The applicants in this case had been successful because they produced proof to demonstrate their numerous attempts to secure an appointment.
What happened before with the Constitutional Court
Not long before this decision, the Constitutional Court held a hearing (on March 11, 2026) to review issues brought before it against the Tajani Decree. Specifically, this included the retroactive application of the decree, the necessity of the decree-law action, and whether or not the decree treated people fairly. Although the Constitutional Court, for now, upheld the Tajani Decree, in their official statement released on April 30th, they acknowledged the group of people who had attempted in good faith to secure a citizenship appointment before the decree, but without success.
The court did not specifically issue a ruling on such persons, though they reiterated that those who had secured an appointment before the decree (with a date after the decree’s effect, March 28, 2025) would still be considered under the old rules.
The Constitutional Court’s upcoming review
In June, the Constitutional Court will again review the Tajani Decree, according to different aspects brought forward by the Courts of Mantua and Campobasso. More specifically, the court will examine whether or not the decree violates broader EU law.
The fact that the lower courts continue to challenge the Tajani Decree is promising that the decree will be sufficiently examined from all angles to ensure that it does not violate the rights of those with Italian ancestors.
What this means for future citizenship by descent cases
As mentioned, the basis for the Supreme Court of Cassation’s decision applies also to those who attempted in good faith to secure a citizenship appointment before the Tajani Decree, but were unsuccessful due to consular delays or other bureaucratic obstacles outside of their control. In other words, jure sanguinis is an inherent right that no Italian court can arbitrarily take away from a person.
Unlike other forms of Italian citizenship, such as by naturalization or marriage, which are granted at the moment of citizenship recognition, jure sanguinis is considered to exist at the moment of birth. Since the Constitutional Court also did not specifically rule on those who had attempted to secure an appointment before the decree, this, along with the Court of Cassation’s recent ruling, provides a hopeful pathway for such persons.
Italian Citizenship Assistance can help
If you attempted to secure a citizenship by descent appointment prior to the Tajani Decree, or if you have further questions about other legal pathways to make Italy your home, Italian Citizenship Assistance is here to help! Contact them today at [email protected].
