Lawyer Marco Mellone, who represents the diaspora in the two Italian citizenship cases pending before Italy's supreme courts, stated that he hopes the United Sections of the Court of Cassation will confirm that descendants already born do not lose the right recognized at the time of birth.
Mellone made the assessment in an interview given to Lauren Hopkins, at YouTubeHe is simultaneously involved in cases before the Constitutional Court and the Court of Cassation, a position that gives him a privileged perspective on the open conflict following the Tajani Decree.
The Constitutional Court's haste
The Constitutional Court upheld the decree in ruling no. 63/2026, a decision that Mellone describes as hasty. According to him, the court only analyzed the request. sent by the Turin court and ignored three other referrals, which prevented parts of those processes from participating in the trial.
According to the lawyer, the Constitutional Court "arrived before the Cassation and in a way did the Cassation's job," by stating that descendants are not citizens from birth, contradicting what the Cassation has maintained, according to him, for 160 years.
Read also The Turin case had weaknesses, and the debate over Italian citizenship continues, say lawyers.
The European Union deadline
Mellone brought up a little-discussed element. to explain the urgency"The Italian state is due to receive a huge sum." (in euros) "From the European Union on the condition that, by June 30, 2026, a number of pending cases in Italian courts are concluded," he stated.
According to him, this commitment puts pressure on the courts to quickly close cases, including those related to citizenship. "Behind all this are stories of human beings, families, investments, and efforts," he said.
Victory is possible, but only through the courts.
Even though he is optimistic about the Cassation, Mellone warns that a favorable decision may not reopen the doors of the consulates. The decisions of the United Sections bind local judges, but not the administration, he reminded, because it is not a law approved by Parliament.
In this scenario, third- and fourth-generation descendants could still obtain recognition, "but only through the judicial system." Minister Antonio Tajani could choose not to apply the decision in consulates.
The date of March 28th
The lawyer believes that the cutoff date set by the government should not prevail. "Italian citizenship by descent is a right that is not subject to any time limit. You can claim it at any time," he stated.
He also classified the new requirements as impossible to meet. "Today you can't choose your place of birth or the nationality of your parents or grandparents," he said, arguing that a law can only impose conditions that depend on the person's will.
Advice to the diaspora
Mellone recommends that descendants not interrupt their applications. Gathering documents and being ready to file them soon after a favorable decision is, in his view, the most effective way to pressure the government and secure their legal position.
The legal expert points out that the government can react even in case of defeat. "At any moment, just as they did on March 28, the Italian government can issue a second decree," he warned.
In closing, Mellone spoke in Italian to the diaspora: “bisogna assolutamente mantenere fiducia, speranza (…). È una battaglia, ma mantenendo fiducia e speranza, questa battaglia potrà essere vinta” (it is necessary to absolutely maintain trust and hope; it is a battle, but, by maintaining trust and hope, it can be won).
