Court of Cassation hearing questions Decreto Tajani
In a hearing held on April 14, 2026, the Italian Corte di Cassazione — the country's supreme court — heard arguments that directly challenge the controversial Decreto Tajani (DL 36/2025, converted into Law 74/2025). The session marks a crucial moment in the legal battle that could redefine access to Italian citizenship by descent for millions of people around the world.
During the hearing, the defense presented technical arguments challenging the retroactive application of the decree, which eliminated the right to Italian citizenship for great-grandchildren and subsequent generations of Italian emigrants. According to the Italianismo portal, the General Prosecutor's Office (Procura Generale) — an independent body of the Italian Public Ministry serving at the Court of Cassation — expressed a position aligned with the defense arguments.
The hearing represents the first major judicial test of Decreto Tajani in the highest instances of the Italian judiciary, with potential to influence not only ongoing proceedings, but also future interpretation of citizenship laws in the country.
Defense arguments against Decreto Tajani
Attorney Marco Mellone, representing various applicants affected by the decree, presented a technical defense focused on the constitutional impossibility of retroactive application of the norm. According to the arguments presented, the decree cannot retroactively eliminate a right that existed since birth for people, based on the principle of jure sanguinis (right of blood).
One of the central points of the challenge was the application of the so-called "minor issue" — provision of Art. 12 §2 of Law 555/1912 that deals with the automatic loss of citizenship of minor children when the father naturalizes abroad. The defense argued that the strict interpretation of this article by the decree violates constitutional principles of family protection and acquired rights.
The allegation of unconstitutionality of the new rules is based on the fact that Decreto Tajani retroacts to people's birth, declaring that those born outside Italy who are not children or grandchildren of Italians "were never Italian." This material retroactivity, according to the defense, contradicts fundamental principles of the Italian legal system.
Next steps in the Italian judiciary
The Court of Cassation decision should be published in the coming weeks, establishing a binding precedent for all Italian courts. The Sezioni Unite of the Corte di Cassazione have force of law in practice, functioning as mandatory guidance for first and second instance judges throughout the country.
In parallel, the judgment in the Constitutional Court is also awaited. It is important to distinguish that the Corte Costituzionale and the Corte di Cassazione are different bodies: while the Cassation analyzes the application of laws, the Constitutional Court can declare a law entirely unconstitutional, removing it from the legal system.
The timing of these judgments is strategic, as the Cassation decision can influence the Constitutional Court's understanding of the constitutional aspects of the decree. If the Cassation recognizes the impossibility of retroactivity, this could strengthen arguments of unconstitutionality before the Constitutional Court.
Impact for Brazilian descendants
For Brazilian descendants of Italians, these judicial decisions represent real hope for reversing the restrictions imposed by Decreto Tajani. Brazil has one of the largest communities of Italian origin in the world, with millions of people potentially affected by the new rules.
Processes filed before Decreto Tajani took effect (February 28, 2025) are protected by the law's own text and should proceed normally. However, new applications from great-grandchildren and subsequent generations have been practically blocked, both through consular and administrative channels in the comuni.
Those who already have recognized Italian citizenship should not be affected, but the situation for those intending to apply remains uncertain until final decisions from higher courts. The recommendation is to closely follow developments and keep documentation updated for possible resumption of processes.
Context of Decreto Tajani and its controversies
Decreto Tajani introduced drastic changes to the Italian citizenship recognition system, restricting the consular route only to children and grandchildren of Italians and eliminating possibilities for administrative recognition in comuni for foreign residents seeking jure sanguinis autonomously.
Criticism from the Italian legal community has intensified since the decree's publication, with specialized lawyers questioning not only the merit of the changes, but also how they were implemented. The material retroactivity of the decree — which affects rights from people's birth — is considered by many jurists as a dangerous innovation in Italian law.
Reactions from Italian consulates abroad and descendant communities have been predominantly negative, with reports of processes abruptly interrupted and families separated by the generational criteria established by the decree. As detailed by the portal Italianismo, specialized in Italian law, international pressure on the Italian government has grown significantly.
Sources and references about the case
Detailed monitoring of this judicial case has been carried out by specialized portals, notably Italianismo's coverage, which has provided precise technical information about developments in the Corte di Cassazione and other Italian courts.
For descendants seeking reliable information, it is essential to consult specialized and updated sources on Italian citizenship. Changes in the legal landscape are frequent and can directly impact Italian citizenship process strategies.
Registro Italiano continues monitoring all judicial developments and maintains its database updated with birth, marriage and death records from Italian comuni. For those looking to start or resume citizenship processes, our search tool can help locate necessary documents while we await decisions from higher courts. Contact us to clarify questions about your specific situation or learn about our specialized services.
