The recent clarification by Italy’s Supreme Court and the ongoing challenge to the 2025 Tiani decree have opened a new pathway for applicants who were previously blocked from obtaining Italian citizenship. Legal teams, notably Italian Citizenship Assistance (ICA), are now filing court actions that argue both a misinterpretation of the “minor age” rule and the improper retroactive application of the generational limit introduced by the decree.
The “minor age” issue
- For years consulates denied citizenship applications when the applicant’s ancestor was a minor at the time of Italian unification, based on a long‑standing administrative interpretation.
- The Supreme Court recently ruled that this interpretation was incorrect, stating that the law does not impose a “minor age” barrier.
- As a result, applicants who were told to skip their consular appointment, who attended only to be rejected, or who never secured an appointment because of the misapplied rule can now contest the denial in court.
The Tiani decree (2025)
- The decree introduced a generational limit, restricting citizenship claims to ancestors no further than great‑grandparents.
- It was enacted without a transition period, effectively blocking applicants who had already begun the process through great‑great‑grandparents.
- The decree is currently being challenged before both the Italian Constitutional Court and the EU Court of Justice; until a final ruling, the restrictions remain in force.
ICA’s litigation approach
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Identify the specific blockage
- Determine whether the applicant missed an appointment, was denied after attending, or was instructed not to attend.
- Gather the corresponding documentation (appointment confirmations, consular emails, account creation records).
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Build a factual record
- Provide court‑ready evidence such as:
- Email from the consulate directing the applicant not to attend.
- Screenshot or email confirmation of a booked appointment that was later denied.
- Records of account creation in the consular “Prenotami” system, demonstrating an attempt to schedule an appointment before the decree took effect.
- Cite the Ministry of the Interior memo dated 3 October 2024, which instructed consulates to apply the “minor age” denial policy.
- Provide court‑ready evidence such as:
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Argue two parallel grounds
- The “minor age” rule was a mistaken legal interpretation and therefore inapplicable.
- The applicant’s process began before the Tiani decree; retroactive application violates procedural fairness, especially given the decree’s abrupt implementation.
Categories of affected applicants
| Category | Reason for blockage | Typical evidence needed |
|---|---|---|
| Minor‑age‑only | Denied because ancestor was a minor at unification | Consular email denying attendance, appointment confirmation, Ministry memo |
| Decree‑only | Could not secure an appointment; ancestor beyond great‑grandparent | Account creation proof, screenshots of booking attempts, consular statements about appointment scarcity |
| Both issues | Denied for minor‑age reason and blocked by generational limit | Combination of the above documents |
Recent surge in applications
- Following the Supreme Court’s ruling on the minor‑age issue, ICA reports a noticeable increase in clients—both those previously excluded and those still awaiting a decision on the decree challenge.
- The influx is viewed positively: higher numbers of litigants demonstrate to the courts that applicants are willing to enforce their rights, potentially accelerating favorable jurisprudence.
Potential systemic outcomes
- If courts consistently rule that the Tiani decree cannot be applied retroactively, future applicants may be able to pursue citizenship through great‑great‑grandparents without facing the generational cap.
- Successful rulings could set precedents that other applicants reference, creating a body of case law that clarifies the limits of administrative decrees versus established citizenship statutes.
- Even if the decree remains in effect for new cases, the distinction between pre‑decree and post‑decree applications may become a standard procedural safeguard.
Practical steps for prospective applicants
- Collect all digital traces of the application process (emails, screenshots, account confirmations).
- Document any consular instructions that explicitly discouraged attendance or indicated an inevitable rejection.
- Engage legal counsel early to assess whether the case falls under the “minor age” misinterpretation, the generational limit, or both.
- Monitor court developments in the Constitutional Court and the EU Court of Justice, as rulings may affect eligibility timelines and required documentation.
The convergence of the Supreme Court’s clarification and the ongoing challenge to the Tiani decree is reshaping the landscape for Italian citizenship by descent. Applicants who were previously told they could not proceed now have a concrete legal avenue to assert their rights, provided they can substantiate the timing and nature of their original application efforts.
