Italian citizenship by descent: the march 2026 decision of the Venice court

A recent ruling by the Court of Venice has reignited the debate over Italian citizenship by descent and the practical effects of the new legislation introduced in 2025. The decision, dated March 12, 2026 and made public a few days later, recognized citizenship for two Brazilian citizens descended from an Italian ancestor originally from the Veneto region.

The news quickly drew the attention of thousands of people interested in having their Italian origins recognized, especially in Latin American countries such as Argentina, Chile, Uruguay, Venezuela, and Brazil, but also in the United States, Canada, and Australia, where many descendants of emigrants are trying to understand whether the recent legislative changes could affect their rights.

The case examined by the Court of Venice

The two Brazilian petitioners proved that they were descended from an Italian citizen born in 1861 in Veneto. The legal claim appears to have been filed in November 2025, that is, after the new rules had entered into force.

This detail makes the decision particularly interesting. According to Law No. 74/2025, recognition of Italian citizenship by descent should be limited to cases in which the applicant has an Italian ancestor within the first or second degree. In the case addressed by the Court of Venice, however, the Italian ancestor appears to have been much more distant in time and therefore, at least in theory, not to meet the new requirements established by the law.

Despite this, the judge upheld the claim and recognized the two Brazilian citizens as Italian citizens.

Why the ruling still leaves many uncertainties

Although the decision has generated enthusiasm among many descendants of Italians living abroad, it is important to remain cautious. The ruling contains no express reference to Law No. 74/2025, which has opened the door to different interpretations.

One possibility is that the Court considered the previous rules to still apply, on the grounds that citizenship is a right acquired at birth. From this perspective, the new law could not be applied retroactively to limit a right that already existed.

Another possibility, however, is that the omission of any reference to the 2025 legislation was simply due to an oversight or to a drafting choice in the ruling. In that case, the judgment would not necessarily amount to a clear position against the new restrictions introduced by the legislature.

An important ruling, but not yet decisive

The decision of the Court of Venice is certainly an encouraging sign for those intending to pursue Italian citizenship by descent. However, it cannot yet be considered a definitive or conclusive precedent.

In the coming months, other Italian courts will be called upon to rule on similar cases, and the Constitutional Court still has to decide on the constitutional issues raised by the Courts of Mantua and Campobasso (while it has already ruled on the issue raised by the Court of Turin, as summarized in our article). These future decisions will determine whether Law No. 74/2025 should be interpreted restrictively, or whether the principle that citizenship is automatically transmitted through the family line will continue to prevail.

Until a consistent body of case law emerges, doubts and uncertainty will remain for everyone seeking to obtain citizenship and subsequently apply for an Italian passport.

For this reason, anyone considering submitting an application should carefully follow the evolution of the case law and thoroughly verify their genealogical situation before beginning the process.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.