Tuesday, 21 April 2026
Bologna Court grants Italian Citizenship by Descent to 4th-generation family after Tajani Decree
A significant post-reform development has emerged in the context of Italian citizenship, particularly regarding citizenship by descent (jure sanguinis) following the entry into force of the Tajani Decree 36/2025.
On April 17, 2026, the Ordinary Court of Bologna issued judgment no. 3335/2026, recognizing Italian citizenship by descent in a case involving a family of 11 applicants, including 2nd, 3rd, and 4th-generation descendants.
The case was filed on May 17, 2025, after March 27, 2025, and therefore falls within the scope of application of the reformed legal framework.
This decision represents a relevant judicial development for applicants who were unable to access consular procedures before the reform deadline.
Overview of the case and procedural background
The applicants sought recognition of Italian citizenship jure sanguinis, asserting that such citizenship had been transmitted by descent.
Prior to initiating judicial proceedings, they had attempted to submit a formal application for recognition of Italian citizenship through the competent consular authorities, including the Italian Consulates in Houston and Miami.
However, they were not afforded any concrete possibility of obtaining a timely response or securing an appointment, resulting in what the Court described as a “de facto paralysis of the system”.
The judicial application was subsequently filed after the entry into force of the reform introduced by Decree-Law No. 36/2025, converted into Law No. 74/2025.
Legal framework applied by the Bologna Court
The Court examined the case under the amended provisions of Article 3 of Law No. 91/1992, as modified by the Tajani Decree.
In particular, Article 3-bis introduces limitations affecting individuals born abroad who hold another citizenship, unless specific conditions are met, including:
- submission of an application (administrative or judicial) by March 27, 2025
- submission of documentation linked to a confirmed consular appointment by that date
- judicial recognition within the applicable legal framework
The Bologna Court confirmed that the case fell within this restrictive framework introduced by Law No. 74/2025
Recognition of intent despite lack of consular appointment
A central element of the decision concerns the interpretation of the requirement to formalize an application before the March 27, 2025 deadline.
The Court accepted the argument that recognition remained justified where the applicants had clearly manifested their intention to apply, but had been unable to secure a consular appointment for reasons beyond their control.
In particular, the Court emphasized that:
“such application, formalized in the manner described above, clearly and unequivocally expresses the intention to apply for Italian citizenship and fully satisfies the requirements set out in the applicable legislation.”
This finding was based on the documentation provided, which demonstrated repeated attempts to access the administrative procedure and a consistent intention to proceed.
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Assessment of descent and eligibility
From the examination of the documentation, the Court confirmed the uninterrupted line of descent from the Italian ancestor.
It also found no evidence that any of the ancestors had renounced Italian citizenship.
As a result, the Court held that the substantive requirements for transmission of citizenship jure sanguinis were fully satisfied.
The recognition extended to multiple generations, including 4th-generation descendants, within the same family structure.
Reference to the Constitutional Court press release of March 12, 2026
In addressing the applicable legal framework, the Bologna Court expressly referred to the press release issued by the Italian Constitutional Court on March 12, 2026.
That communication followed the hearing on constitutional challenges related to the reform and clarified that certain objections had been declared partly unfounded and partly inadmissible.
This reference confirms that the Bologna Court interpreted the case within the broader constitutional context currently affecting Italian citizenship law.
Final ruling of the Court
The Court ultimately upheld the application and formally declared the Italian citizenship of the applicants and ordered the competent Civil Status Registrar to carry out the necessary formalities.
The Court also determined that legal costs should be fully offset between the parties.
Implications for post-reform applications
This decision confirms that, even under the restrictive framework introduced by the Tajani Decree, courts may recognize Italian citizenship by descent where:
- applicants had clearly expressed their intention to apply before the deadline
- access to consular procedures was objectively unavailable
- the requirements for jure sanguinis transmission are fully met
At the same time, the ruling operates within the current legal framework and does not alter the general risk profile for new applications.
Each case remains dependent on its specific factual and procedural circumstances.
Professional support for Italian citizenship matters
The interpretation and application of Italian citizenship law 2026 continue to evolve in the post-reform context.
Aprigliano Law Firm assists foreign citizens worldwide in citizenship by descent cases, including complex judicial proceedings arising after the Tajani Decree.
Applicants who were unable to secure a consular appointment before March 27, 2025 should carefully assess their legal position based on documented evidence and procedural history.
A case-specific legal evaluation remains essential to determine the most appropriate course of action.
If you have questions about your pending case and how current developments may affect it, we are available to assist. Take the first step now by completing our free eligibility check, it’s the easiest way to understand your options and start your journey.