On 30 April 2026 the Italian Constitutional Court issued its final judgment on the challenge to the “Tajani Decree,” the set of rules that govern citizenship‑by‑descent applications. While the Court did not overturn the decree, it explicitly acknowledged a specific group of applicants who were unable to submit their requests before the 27 March 2025 deadline because they could not secure an appointment with a local Italian consulate through no fault of their own.
What the ruling says
- Recognition of a protected category – The Court identified “persons who attempted to file a jure sanguinis application before 27 March 2025 but were prevented from doing so because consular appointments were unavailable or the online booking system was inoperative.”
- No substantive ruling on the category – Because the petition before the Court did not request a decision on this issue, the judges refrained from issuing a binding determination. Their acknowledgment, however, signals that the matter may be addressed in a future constitutional review.
- Context of the Tajani Decree – The decree, which remains in force, tightened the procedural requirements for citizenship applications and introduced the 27 March 2025 cut‑off for filing. The Court’s decision does not modify the decree but leaves open the possibility of further challenges.
Practical consequences for applicants
- Jure sanguinis (blood‑right) cases – Applicants who could not book a consular appointment before the deadline can now cite the Court’s recognition of their situation when appealing to civil courts. Several Italian civil courts have already granted citizenship to individuals in this position, using the same reasoning.
- 1948 cases (female‑ancestor route) – The Court’s language also covered “persons who had already begun the court‑based procedure before the cut‑off.” Because 1948 cases must be filed directly with an Italian court (they cannot use the consular route), the ruling suggests that their rights may be protected in the same way.
How to demonstrate inability to secure an appointment
Evidence that an applicant actively tried to start the process but was blocked by the consular system can be decisive. Acceptable documentation includes:
- Email correspondence with the consulate indicating a request for an appointment and the consulate’s inability to provide one.
- Screenshots or print‑outs of the online booking portal showing the absence of available slots on the dates attempted.
- Records of phone calls or messages to the consulate, including call logs or voicemail transcripts.
- A letter of engagement or power of attorney given to an attorney who then contacted the consulate on the applicant’s behalf.
- Proof of preparatory steps—e.g., documents already apostilled, translated, or otherwise ready for submission—demonstrating that the applicant was ready to file as soon as an appointment became possible.
Outlook and next steps
- June 2026 constitutional review – A new review of the Tajani Decree’s rules is scheduled for June 2026. This may provide an opportunity for the Court to issue a definitive ruling on the protected category of applicants.
- Potential civil‑court referrals – Italian civil courts can, during ongoing proceedings, request that the Constitutional Court examine specific aspects of the decree, including the status of those unable to secure consular appointments.
- Possible future protections – If the Court eventually rules in favor of the recognized group, applicants who missed the deadline may be allowed to submit their citizenship petitions either through the consular system (if it reopens) or via the court route, with their prior attempts serving as proof of good‑faith effort.
Until a formal decision is issued, applicants should preserve all communications and evidence of their attempts to engage with the consular system, as these records will be crucial in any subsequent legal challenge.
