Ciervo Says 63/2026 Left 134,869 Waiting-List Citizenship Cases Unresolved
Updated
Updated · insieme.com.br · Jun 2
Ciervo Says 63/2026 Left 134,869 Waiting-List Citizenship Cases Unresolved
1 articles · Updated · insieme.com.br · Jun 2
Summary
Antonello Ciervo argued in Questione Giustizia that Italy’s Constitutional Court never directly addressed descendants who had started preparing citizenship claims before March 28, 2025 but could not secure consular appointments.
His reading of Judgment No. 63/2026 says the key issue may be prior “activation” rather than a formally filed application, potentially covering document gathering, genealogical research, translations, apostilles, or hiring lawyers.
The interpretation matters most in Brazil, where São Paulo’s consular waiting list counted about 134,869 adult applicants from 2018 to March 2025, with minors excluded, and Curitiba may have had roughly 35,000 more still unserved.
Ciervo does not challenge the Tajani Law overall; he says the court upheld Parliament’s broad discretion on citizenship and effective-link rules, while leaving this narrower question open because Turin’s referral did not squarely present it.
The thesis remains doctrinal and untested in court, but if judges adopt it, thousands of waiting-list applicants could gain a new legal path to argue they had already begun the citizenship process before the rules changed.
Can applicants sue Italy over consular delays, using the government's own failures to win their citizenship case?
Can gathering documents now count as a formal application, winning citizenship for thousands who missed the deadline?
Italian Citizenship by Descent: Legal Crisis, Court Rulings, and the Fate of 50,000+ Waiting-List Applicants After the 2025–2026 Reforms
Overview
In March 2026, the Constitutional Court upheld new restrictions on Italian citizenship by descent, confirming the validity of Article 3-bis of Law No. 91 of 1992 introduced by the Tajani decree. This decision sparked significant attention and debate in both legal and public circles, prompting experts to call for careful analysis before public discussion. To deepen understanding, Rivista Insieme organized a live event with jurists involved in the case, reflecting the ongoing legal debate and the need for thorough examination of the judgment’s implications. The ruling’s complexity highlights its potential impact on citizenship applicants and future legal challenges.