Understanding the Recent Constitutional Court Ruling on Italian Citizenship

Overview of the Constitutional Court's Decision

Pending the filing of the judgment, the Communications and Press Office announces that the Constitutional Court has declared the questions of constitutionality raised by the Court of Turin concerning Article 1 of Decree-Law No. 36 of 2025, converted into Law No. 74 of 2025, containing “Urgent provisions on citizenship,” to be partly unfounded and partly inadmissible.

Altare della Patria

This decree establishes that, by way of derogation from previous rules providing for the unlimited transmission of citizenship iure sanguinis, “anyone born abroad, even before the entry into force of this article, who holds another nationality shall be deemed never to have acquired Italian citizenship,” unless one of the following conditions applies:

1. Citizenship status is recognized (administratively or judicially) following an application submitted by 11:59 p.m. on March 27, 2025.

2. A parent or grandparent possesses, or possessed at the time of their death, exclusively Italian citizenship.

3. A parent or adoptive parent has been resident in Italy for at least two continuous years after acquiring Italian citizenship and before the date of the child’s birth or adoption.

   
   

Key Objections and Court's Rulings

The Court declared unfounded the objections raised by the Court of Turin under Article 3 of the Constitution. These objections alleged, on one hand, the arbitrariness of the distinction between those who applied for recognition of citizenship before March 28, 2025, and those who applied afterward. On the other hand, they argued that the provision amounts to an “implicit revocation of citizenship with retroactive effect and without any transitional legal provisions.”

The Court also declared unfounded the question alleging a violation of Article 9 of the Treaty on European Union (TEU) and Article 20 of the Treaty on the Functioning of the European Union (TFEU), which grants EU citizenship to anyone holding the nationality of a Member State.

Additionally, the Court deemed inadmissible the question alleging a violation of Article 15, paragraph 2, of the 1948 Universal Declaration of Human Rights. This article states that “no one shall be arbitrarily deprived of their nationality nor denied the right to change nationality.”

Finally, the Court declared inadmissible the question alleging a violation of Article 3, paragraph 2, of the Fourth Additional Protocol to the European Convention on Human Rights (ECHR), which affirms that “no one shall be deprived of the right to enter the territory of the State of which they are a national.”

Implications of the Ruling

The ruling has significant implications for individuals seeking Italian citizenship. It clarifies the conditions under which citizenship can be acquired or recognized. The new regulations may affect many who hold dual nationality or were born abroad.

Understanding Iure Sanguinis

The concept of iure sanguinis refers to the right of citizenship based on descent. This ruling alters the previous understanding of this principle. It is essential for those affected to understand how these changes may impact their citizenship applications.

Next Steps for Applicants

If you are considering applying for Italian citizenship, it’s crucial to stay informed about these legal changes. Ensure that your application is submitted before the deadline of March 27, 2025. This is vital for those who may be impacted by the new regulations.

Seeking Legal Guidance

Navigating the complexities of immigration law can be challenging. I recommend seeking professional legal guidance to ensure that you understand your rights and obligations under the new law. This step can help you avoid potential pitfalls in your citizenship application process.

Conclusion

The Constitutional Court's ruling on Italian citizenship is a pivotal moment for many individuals. It sets clear guidelines on how citizenship can be acquired and recognized. If you are affected by these changes, take proactive steps to secure your citizenship status. Remember, understanding your rights is key to navigating this complex process successfully.

For more information on how to apply for Italian citizenship, visit EMIT Law.