The recent rulings on Italian citizenship by descent illustrate how applicants who began their process before the 2021‑2022 “Tajani decree” can still obtain recognition, even if the consular rules changed mid‑process. Two cases handled by ICA demonstrate the legal arguments that courts are now accepting.
Background: the minor‑age issue and the Tajani decree
- Minor‑age rule – Italian consulates previously allowed descendants to claim citizenship through a line that included a minor ancestor. In 2021‑2022 the government issued a decree (often referred to as the Tajani decree) tightening the interpretation of this rule, leading many consulates to reject applications that relied on a minor ancestor.
- Conflicting consular decisions – After the decree, some consulates continued to apply the older rules, while others enforced the new restrictions, creating uncertainty for applicants.
ICA’s successful case
- Initial application – The family had scheduled an appointment with the Italian consulate in the United States before the decree was issued, thus operating under the old rules.
- Consular denial – The consulate later informed the client in writing that the application would be rejected because of the minor‑age issue. The client withdrew the application before the appointment.
- Alternative lineage – ICA collected documentation for a maternal line (a great‑grandmother who never naturalized as an American) that was not affected by the minor‑age restriction.
- Court decision – The Italian court recognized that the client had acted in good faith under the rules in effect when the application was initiated. The judge granted citizenship, stating that the client’s intent pre‑dated the Tajani decree.
Palermo precedent (June 2024)
- An applicant who had been on a consular waiting list for over two years filed a claim after the decree’s implementation.
- The court ruled that, despite the claim being submitted after the decree, the applicant’s original intent and waiting‑list status meant the older rules should apply.
- This decision reinforces the principle that prolonged waiting periods, without the applicant’s fault, can preserve the applicability of pre‑decree regulations.
Practical ways to demonstrate pre‑decree intent
Applicants can present the following evidence to Italian courts:
- Waiting‑list registration – Proof of enrollment in the consulate’s waiting list (e.g., confirmation emails, screenshots).
- Prenotami system confirmation – Email or notification confirming registration in the online booking system, even if no appointment was ever granted.
- Correspondence with the consulate – Emails sent by the applicant or their attorney requesting an appointment, especially when the booking system showed no available slots.
- Power of attorney documentation – Evidence that an attorney was authorized to act on the applicant’s behalf, indicating a serious intent to proceed.
- Prepared documentation – Records showing that all required documents and certified translations were ready before the decree took effect.
Legal implications for future applicants
- Precedent value – While Italian judicial decisions are not binding on other judges, citing similar rulings can strengthen a claim by showing a pattern of judicial reasoning.
- Eligibility criteria – Applicants who can prove:
- Initiation of the citizenship process before the decree, and
- That any delay or inability to complete the process was beyond their control (e.g., lack of consular appointments)
may have a viable case.
- Good‑faith investment – Demonstrating that time, money, and resources were invested in the application before the rule change can be persuasive, even if the applicant’s file was incomplete at the time of the decree.
Recommendations
- Document every step – Keep copies of all registrations, emails, and communications with consulates.
- Seek legal counsel – An attorney familiar with Italian citizenship law can help assemble the evidence and reference relevant case law.
- Monitor Supreme Court rulings – A pending decision from the Italian Supreme Court on the minor‑age issue could further clarify the legal landscape.
These developments suggest that applicants who began their citizenship pursuit before the 2021‑2022 decree, and who can substantiate their intent with concrete documentation, still have a realistic pathway to Italian citizenship despite the newer, stricter consular interpretations.
