Palermo Success Post-Reform: Interpretation Trends (English & Italian)
The entry into force of Law 74/2025 (formerly D.L. 36/2025) has introduced a procedural watershed for thousands of jure sanguinis citizenship proceedings. However, recent case law from the Court of Palermo demonstrates that the outcome of the case depends decisively on the documentation strategy of the “administrative application” prior to the reform.
Legal Framework and Safeguard Clause
Article 1 of Law 74/2025 establishes a general preclusion for those born abroad holding another citizenship, but provides specific exceptions (safeguard clauses). The most relevant is provided by letter a), which exempts those who filed an application at the consulate by March 27, 2025, from the new prohibitions.
The critical point, subject to interpretive conflict, concerns what is meant by “application filed.” While some sections adopt a restrictive line, judgment no. issued on February 12, 2026 of the Court of Palermo offers a reading oriented toward protecting the applicant’s rights.
Analysis of Judgment issued on February 12, 2026
In the case examined, the petition was registered in the court records at 7:29 PM on March 28, 2025, just a few hours after the publication of the Decree-Law in the Official Gazette. Although the registration occurred under the new rule’s validity, the Judge recognized Italian citizenship for the plaintiffs.
The Certified Email (PEC) Notice as Key to Success.
The decisive evidence was the sending of a Certified Email (P.E.C.) to the Consulate on March 25, 2025, containing an “out-of-court formal notice requesting an appointment.”
The Court established that: 1. Failed attempts on the “Prenot@mi” portal between October 2024 and March 2025 document the objective impossibility of proceeding through ordinary channels. 2. The PEC sent before the March 27, 2025, deadline formally manifests the intent to file an application, satisfying the requirement of letter a) of the law.
Conflict with Restrictive Interpretation
This position stands in stark contrast to other orientations of the same Court (as in judgment 1165/2026), where stricter interpretations deny recognition if a “finalized” application according to classical administrative standards is not present, often ignoring the systemic malfunction of consular portals.
Full Judgment (Anonymized Version)
Note: The anonymized original PDF will be made available shortly in this section.
English Version
This content is being published today following its release within the ‘Natitaliani‘ network of Italian citizenship lawyers, of which I am a member.
(EN)
COURT OF PALERMO SPECIALIZED SECTION FOR IMMIGRATION, INTERNATIONAL PROTECTION, AND FREE MOVEMENT OF EU CITIZENS
The Court, represented by the Honorary Justice of the Peace (G.O.P.), following the deliberation of the hearing held in 2026, has issued the following
JUDGMENT
in the civil case registered under General Registry No. [OMISSIS]/2025, filed by:
[PLAINTIFF 1], [PLAINTIFF 2], [PLAINTIFF 3], [PLAINTIFF 4], [PLAINTIFF 5], all residents of Argentina;
all legally represented by Attorney [OMISSIS], with whom they are electively domiciled, pursuant to the power of attorney on file;
plaintiffs
against
Ministry of the Interior, represented by the Minister pro tempore, represented and defended ope legis by the District State Attorney’s Office of Palermo;
defendant
SUBJECT: Recognition of Italian citizenship jure sanguinis (by right of blood).
CONCLUSIONS: As per the hearing minutes of 2026 and, regarding the defendant, as per the notice of appearance and defense filed in 2025.
FACTS AND LEGAL GROUNDS
By way of a petition pursuant to Art. 281 decies of the Italian Code of Civil Procedure, filed in March 2025, the plaintiffs sought the recognition of Italian citizenship jure sanguinis from this Court.
To this end, they stated they were linked by kinship and direct descent to [ANCESTOR], born in Italy in [YEAR], who emigrated to Argentina. From the lineage documented in the proceedings, which includes generational steps through [OMISSIS], the current plaintiffs were born: [PLAINTIFF 1], [PLAINTIFF 2], [PLAINTIFF 3], [PLAINTIFF 4], and [PLAINTIFF 5].
The plaintiffs, given the impossibility of having their Italian citizenship recognized through administrative channels due to excessively long waiting times at the relevant Consulate, brought this action before this Court to be declared Italian citizens jure sanguinis.
The Ministry of the Interior, in its appearance filed in May 2025, noted the date the proceeding was entered into the court registry, identifying it as March 30, 2025. This date is subsequent to the entry into force of Decree-Law No. 36 of March 28, 2025, converted into law by Art. 1, paragraph 1, of Law No. 74 of May 23, 2025, which introduced “Urgent provisions regarding citizenship,” and consequently requested the dismissal of the petition.
Following the submission of evidence and the hearing in January 2026, the case was taken under advisement for a final decision.
This proceeding was filed after the entry into force of Decree-Law No. 36 of March 28, 2025 (Law No. 74/2025). The electronic court records show that the petition was officially filed at 7:29 PM on March 28, 2025.
Article 1 of Law 74/2025 establishes a general prohibition on the recognition of citizenship for those born abroad who hold another citizenship, unless specific exceptions apply (safeguard clauses). Among these, letter a) recognizes citizenship status if the application, accompanied by the necessary documentation, was submitted to the consular office no later than March 27, 2025.
In the present case: – The plaintiffs have provided evidence of their attempts to file an application for recognition of Italian citizenship at the Consulate General of Italy in Buenos Aires via the “Prenot@mi” portal on various dates between October 2024 and March 2025, all unsuccessful due to lack of appointment availability. – On March 25, 2025, the plaintiffs sent a Certified Email (P.E.C.) to the Consulate containing an “out-of-court formal notice requesting an appointment.”
Therefore, it must be concluded that the provisions of Art. 1, letter a), of Decree-Law 36/2025 (Law 74/2025) have been satisfied, as the plaintiffs demonstrated and documented their intent to file an application before the legal deadline, which was prevented only by the malfunction of consular systems.
The petition must be granted. There are just grounds for each party to bear its own legal costs.
FOR THESE REASONS
The Honorary Justice of the Peace, in final judgment, hereby decides: – Grants the petition and declares that [PLAINTIFF 1], [PLAINTIFF 2], [PLAINTIFF 3], [PLAINTIFF 4], and [PLAINTIFF 5] are Italian citizens; – Orders the Ministry of the Interior and the relevant civil status registrar to proceed with the legal registrations, transcriptions, and annotations in the civil status records; – Declares that legal costs are fully offset between the parties.
Palermo, February 12, 2026
THE JUDGE (G.O.P.) [OMISSIS]
