Court of Campobasso Rules in Favor of Italian Citizenship by Descent Applicants

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Important Victory Against Retroactive Application of Tajani Decree

In a significant legal development, the Court of Campobasso has issued a ruling that brings renewed hope to individuals seeking Italian citizenship through ancestral connections. The court’s decision regarding Decree-Law No. 36/2025 (known as the “Tajani Decree”) establishes important precedent for protecting citizenship rights.

The Court determined that the Tajani Decree cannot be applied retroactively to citizenship applications filed before its implementation. This landmark ruling specifically grants Italian citizenship to the claimants and directs the Ministry of the Interior to cover legal expenses totaling approximately €2,000.

Case Background

The case involved applicants who submitted their citizenship recognition request in 2024, before the decree’s effective date. They sought acknowledgement of their citizenship rights through jure sanguinis (by bloodline descent). When the Interior Ministry attempted to apply the new restrictions—which would limit citizenship claims to only two generations born outside Italy—the court firmly rejected this position.

In its decision, the court emphasized two critical principles:

• Rights already acquired cannot be revoked by subsequent legislation
• The decree contains no explicit provision allowing for retroactive application

Broader Implications

This ruling represents a potential turning point for thousands of descendants of Italian emigrants worldwide who are pursuing citizenship recognition. The court’s position confirms that applications submitted before March 28, 2025, should proceed under previous regulations

It also implies that the new limitations cannot be retroactively applied even to future applications where rights were established before the decree.

Notably, the judge declined to suspend proceedings while awaiting a Constitutional Court ruling in June 2025, affirming that citizenship by descent (jus sanguinis) remains a legitimate criterion for Italian citizenship.

Looking Forward

This pivotal ruling sets a compelling legal precedent and strengthens the position of applicants worldwide pursuing Italian citizenship through ancestral lineage. While further judicial decisions are anticipated as similar cases proceed, this initial victory provides strong reassurance and momentum. Applicants can now approach citizenship claims with increased confidence, knowing that established rights will be respected. The upcoming Constitutional Court decision in June 2025 could further solidify the principles affirmed by this ruling, potentially broadening protections for thousands seeking recognition of their Italian heritage.