On May 6, 2026, the Court of Trento ruled in favor of granting Italian citizenship to the minor children of a naturalized Italian citizen, despite the Municipality’s refusal.
The Court of Trento’s Decision
The Judge held that Article 3-bis, letter d), does not apply to cases of acquisition of citizenship iuris communicatione under Article 14 of Law No. 91/1992.
The Court of Trento recognized Italian citizenship to four minors born abroad to a foreign citizen who later became an Italian citizen through naturalization. The ruling addresses an important interpretative issue arising from the amendments introduced by Decree-Law No. 36/2025 and Law No. 74/2025.
What was the case about?
The case originated from the refusal of the Municipality of Trento to initiate the formal procedures for granting citizenship and registering four foreign-born minor children of a naturalized Italian citizen. The Municipality proceeded to register only the children born in Italy. In this specific case, the Municipality considered the new provisions of Articles 3-bis, letter d), and 14 of Law No. 91/1992 — as amended in 2025 and interpreted by Ministry circulars No. 26185 and No. 36356 — to be applicable. According to this interpretation, minor children born abroad and living with the parent could not automatically acquire citizenship iuris communicatione unless the parent had fulfilled the requirement of at least two years of residence prior to the children’s birth.
In the judgment, however, the Court clarified that the limitations introduced by Article 3-bis, letter d), apply exclusively to cases involving transmission of citizenship jure sanguinis and do not extend to cases where citizenship is acquired through the parent’s naturalization. In the latter situation, the only requirements that must be proven are those set out in Article 14, as amended by the new law — namely, that the minor living with the parent has resided in Italy for at least two years, or since birth if the child is under two years of age.
According to the Judge, the Municipality’s restrictive interpretation would also create an unjustified disparity of treatment between siblings belonging to the same family unit, potentially conflicting with the constitutional principles of equality (Article 3 of the Constitution) and protection of minors (Article 31 of the Constitution).
An important point of reflection
The Court therefore upheld the appeal and recognized citizenship for the minors, adopting a constitutionally oriented interpretation of the law, while refraining from ruling on the possible constitutional illegitimacy of the provisions themselves. Although issued in a specific case, the decision represents an important point for reflection and could encourage the development of a broader judicial approach capable of limiting administrative practices that restrict rights through overly restrictive interpretations of the law.
Related articles:
- Italian Citizenship: the New Law Creates Different Categories of Citizens
- Italian Citizenship: New Law Leads to the Denial of 22 Applications for Minor Children in Turin
Article written by Giuditta De Ricco, Angela Suprano and Irene Lauretta.
