When the Law Prevails: The Ruling Compelling Municipalities to Execute Transcriptions Without Unjustified Delay
A recent decision from the Court of Verona, issued on October 29 by Judge Cristina Pezzini, has set a powerful precedent in the matter of citizenship transcription. The municipality of Castagnaro had failed to comply with an order to register the Italian citizenship of three Brazilian applicants who had obtained recognition iuris sanguinis through a ruling issued by the Court of Rome in December 2023. As a result, the Verona court ordered the transcription within 15 days, imposing a 100-euro daily fine for each day of delay.
Once a citizenship ruling becomes final, the court sends it to the Comune of the Italian ancestor’s birth for the transcription that grants official recognition of the applicants’ citizenship.
Although the court generally handles this transmission, it is crucial for the attorney to ensure that the process is completed within the legal 180-day deadline, since transcription is an essential and legally required step for civil status acts to be recognized by the Italian State.
Only after this process can applicants register with the AIRE and obtain an Italian passport. Responsibility lies with the Civil Registry Office of the ancestor’s municipality, which must transcribe both the ruling and the relevant civil status documents.
A recent decision from the Court of Verona, issued on October 29 by Judge Cristina Pezzini, has set a powerful precedent in the matter of citizenship transcription. The municipality of Castagnaro had failed to comply with an order to register the Italian citizenship of three Brazilian applicants who had obtained recognition iuris sanguinis through a ruling issued by the Court of Rome in December 2023. As a result, the Verona court ordered the transcription within 15 days, imposing a 100-euro daily fine for each day of delay.
Citing Article 614-bis of the Italian Code of Civil Procedure, Judge Pezzini ruled that once the deadline expired, the municipality would be required to pay 100 euros per day until the transcription and all related annotations were completed.
Unlike a previous case in Paola, Calabria, this time the judge applied a concrete enforcement measure, compelling the Comune to comply with a judicial order issued in voluntary jurisdiction. After enduring the municipality’s prolonged inactivity, the attorneys invoked Article 95 of Presidential Decree 396/2000, which authorizes individuals to appeal when a civil registrar denies or unjustifiably delays an action.
Remarkably, the municipality of Castagnaro did not even appear in court and was declared in default, further revealing its resistance.
The introduction of daily fines in 2022 had never been applied in citizenship matters, making this ruling unprecedented. However, the decision provoked criticism from several mayors in the Veneto region, led by Camillo De Pellegrin, who protested the sanctions on municipalities struggling with heavy workloads.
Yet the argument of insufficient staff is unconvincing: Castagnaro operates on a part-time basis, and Val di Zoldo opens only 18 hours a week. The problem extends beyond small towns, as even Rome displays administrative indifference.
The key lesson of this ruling is unmistakable: the Justice system responds when a public authority refuses to fulfill its obligation to recognize an applicant’s innate right, the jus sanguinis, already confirmed by a judge.
This decision paves the way for additional actions that will compel municipalities to respect deadlines and ensure that descendants of Italians receive what is rightfully theirs.
Pablo Munini