On April 9, 2026, the Salerno Court of Appeals issued a historic decision that reaffirms the imprescriptible nature of Italian citizenship by jure sanguinis. The court overturned a first instance ruling, recognizing the right of an Argentine citizen of Italian descent and ordering the Ministry of the Interior to pay court costs. The decision gained special relevance for being issued just five days before the Sezioni Unite of the Corte di Cassazione judgment on the Decreto Tajani.
The case involved an Argentine applicant, son of an Italian already judicially recognized, who sought declaration of his own Italian citizenship. The first instance had rejected the petition alleging lack of procedural interest, but the Court of Appeals completely overturned the decision, establishing an important precedent on the declaratory nature of jure sanguinis citizenship recognition processes.
Declaratory vs Constitutive Action: The Legal Foundation of the Decision
The Salerno tribunal based its decision on the distinction between declaratory action and constitutive action. In declaratory action, the objective is to eliminate uncertainties about a right that already exists, while constitutive action aims to create a new right or legal status. In the case of Italian jure sanguinis citizenship, the court recognized that it is a right acquired automatically at birth, requiring no subsequent "creation."
This interpretation is fundamental for Italian descendants, as it confirms that citizenship by blood does not depend on administrative or judicial recognition to exist. The process serves only to declare and certify a status that already exists from birth, eliminating uncertainties about its ownership. The decision strengthens the thesis that legislative changes cannot retroactively extinguish already consolidated rights.
Legal Framework: Applicable Laws and Precedents
The Salerno Court decision dialogues with important normative milestones of Italian citizenship. Historic Italian legislation established principles on citizenship transmission, while Lei 91/1992, in its article 1, confirmed that "is a citizen by birth whoever is born of a citizen father or citizen mother." These provisions underpin the original nature of jure sanguinis citizenship, although subject to limitations and conditions provided in the legislation of each era.
The decision fits into the context of legal debate about the Decreto Tajani (DL 36/2025, converted into Lei 74/2025), which restricted access to Italian citizenship via consular route for great-grandchildren and subsequent generations, maintaining only the judicial route available for these cases. The jurisprudence on the decree already includes important milestones such as Judgment No. 142/2025 of the Italian Constitutional Court, issued on July 31, 2025, which analyzed part of the challenges to the decree. The Salerno court considered relevant jurisprudential precedents on the nature of citizenship rights and their constitutional protection.
Argentine Case: Typical Profile of Latin American Descendant
The Argentine applicant represents a common profile among Italian descendants in Latin America: son of an Italian whose parent had already obtained judicial recognition of his own Italian citizenship. This scenario is frequent in countries like Argentina, Brazil and Uruguay, where large communities of Italian descendants seek recognition of their rights.
The procedural strategy was conducted by attorney Maria Stella La Malfa, who successfully argued the declaratory nature of the action. The case demonstrates how first instance can mistakenly interpret the absence of procedural interest when, in fact, there exists legitimate need for legal certainty about citizenship status. The reform of the decision in second instance confirms the correctness of this procedural approach.
Repercussions for Brazilian Descendants
The Salerno decision has direct implications for thousands of Italian descendants in Brazil. By confirming that jure sanguinis citizenship is imprescriptible and has declaratory nature, the court reinforces protection against attempts at retroactive extinction of this status. This interpretation is especially relevant in the context of discussions about the Decreto Tajani and its possible consequences.
For Brazilian descendants with Italian citizenship processes underway, the decision offers additional legal support to the thesis that rights acquired before legislative reforms must be preserved. The imprescriptible nature means there is no time limit for exercising this right, provided legal requirements established by norms in force at the time of birth are met.
The timing of the decision, just days before the Sezioni Unite judgment on the Decreto Tajani, suggests coordination of Italian jurisprudence to face challenges created by recent legislative restrictions. This convergence of precedents may positively influence future decisions on Italian citizenship.
Sources and coverage
The decision was reported by outlets specializing in Italian citizenship, most notably by Italianismo, Il Giornale del Molise and the communiqué from the Conferenza Italiani nel Mondo (CIM Molise). As of this publication, the exact sentence number and the name of the rapporteur had not been publicly disclosed.
Jurisprudential Importance
The decision represents an important precedent on the declaratory nature of jure sanguinis citizenship recognition processes. Although specific details of the sentence have not yet been fully disclosed publicly, the decision contributes to the legal debate on the limits of legislative restrictions on citizenship rights acquired by birth.
The case's repercussion demonstrates its relevance beyond the Italian legal system, reaching descendant communities in various countries seeking recognition of their Italian citizenship through judicial means.
If you are seeking information about your Italian ancestry, consult our records database to find documents relevant to your case. For specific questions about the impact of this decision on your process, contact our Italian citizenship specialists.
