Decreto Tajani Can Still Be Contested, Italian Association Says

The Centro Studi Rosario Livatino, an association of Italian legal experts, published on September 8 an analysis asserting that the dispute over the limits imposed by the Decreto Tajani on Italian citizenship by descent was not closed, even after a recent decision by the Corte Costituzionale. According to the association, legal avenues still exist to contest the restrictions imposed by the new legislation on those seeking recognition of citizenship through iure sanguinis.

What the legal association says

In an article signed by legal scholar Stefano Nitoglia, the Centro Studi Rosario Livatino argues that Italian citizenship by descent constitutes a pre-existing right, acquired at the moment of birth, and not a mere expectation that the Italian State could extinguish through ordinary law at any time.

According to the association's analysis, this distinction is central to understanding why the discussion about the validity of the Decreto Tajani remains open. If citizenship is considered a consolidated right from birth — and not merely a possibility subject to criteria that the legislator can freely redefine — restricting it retroactively would raise constitutional questions that, in the view of Centro Studi, would not have been fully resolved by the Corte Costituzionale.

The issue is closely followed by descendants of Italians around the world, especially in Brazil, where thousands of people have Italian citizenship recognition processes underway or in planning stages.

Arguments against the reform

The association specifically contests the requirement for a "substantial connection" with Italy, one of the criteria introduced by the Decreto Tajani to limit access to citizenship by descent for more distant generations. For the Centro Studi Livatino, this criterion contradicts other norms within the Italian legal system itself.

As an example, the association cites how the voting rights of Italians residing abroad function. According to the data presented in the article, the Circumscription Abroad — which brings together Italian voters outside national territory — elects only 12 of the 600 members of the Italian Parliament, equivalent to approximately 2% of the total. South America alone elects only 3 parliamentarians, or 0.5% of the Legislature's composition.

For the association's legal scholars, these numbers demonstrate that the Italian political system itself already recognizes and accommodates the existence of a significant number of citizens residing outside Italy, without this being treated as an anomaly to be corrected. The requirement to prove a "substantial" link with the country, argues Centro Studi, would ignore this already-consolidated institutional reality.

Conflict between courts opens legal opportunity

One of the central points of the analysis published by the association is what it describes as an interpretive conflict between the Corte Costituzionale and the Corte di Cassazione. According to Centro Studi Livatino, the Corte di Cassazione would have reaffirmed, even after the 63/2026 decision of the Corte Costituzionale, the understanding that Italian citizenship is a permanent and non-prescriptible right, acquired at birth and not subject to expiration deadlines.

It is important to note that the Corte Costituzionale and Corte di Cassazione are distinct bodies within the Italian judicial system, with different functions: the former judges the compatibility of laws with the Italian Constitution, while the latter is the highest ordinary court instance. When these courts adopt apparently divergent positions on the same matter, space opens for new judicial challenges.

It was precisely this scenario that Centro Studi Livatino classified as a "relevant interpretive conflict," which would justify, in the association's view, a fresh analysis of the constitutionality of the restrictions introduced by the Decreto Tajani. The association argues that Corte di Cassazione decisions reaffirming the permanent character of citizenship by descent can serve as the basis for new constitutional questions to be brought before the Corte Costituzionale.

What this means for descendants in Brazil

For Brazilians descended from Italians, the Centro Studi Livatino analysis reinforces a point already observed since the conversion of the Decreto Tajani into law: the judicial route remains a possible path to citizenship recognition, even under the new restrictions imposed by the reform.

According to the association, even after the 63/2026 decision of the Corte Costituzionale, new legal proceedings remain technically viable, since the legal controversy over the decree's limits would not have been definitively settled. This does not mean, however, that the situation has returned to what it was before the reform — the restrictions introduced by the Decreto Tajani remain in force and continue to be applied by Italian courts while the discussion is not resolved definitively.

The issue is particularly sensitive for those with recognition proceedings underway or planning to file a judicial petition, since the outcome of the dispute between interpretations of the Corte Costituzionale and Corte di Cassazione may directly influence the criteria applied by Italian judges in the coming years. Those following the issue closely should also watch for updates on life in Italy and the practical repercussions of these decisions for Brazilians planning to settle in the country.

Raízes Italianas continues to monitor developments regarding the Decreto Tajani and related judicial decisions on the matter. More information can be found in the portal's Italy news section.

The controversy raised by Centro Studi Rosario Livatino indicates that the discussion about the limits of Italian citizenship by descent is far from over, and that new chapters of this legal dispute should still unfold in Italian courts in the coming months.

Want to know if you have the right to Italian citizenship? Speak with specialized advisors.

Source: Italianismo