Understanding the Recent Changes in Italian Citizenship Law

The recent reform introduced by Decree-Law No. 36/2025 has significantly altered the legal landscape for individuals seeking recognition of Italian citizenship by descent (iure sanguinis). At first glance, the new provisions appear to exclude many descendants of Italian citizens born abroad, particularly those who did not file an administrative or judicial application by March 27, 2025. However, recent judicial developments demonstrate that the legal framework is far from settled.

The Turin Tribunal Order: A Turning Point

In a detailed and well-reasoned order, the Tribunal of Turin has referred Article 3-bis to the Italian Constitutional Court, raising serious doubts as to its constitutionality. The case concerned descendants of an Italian ancestor born in Turin in the 19th century, whose lineage included an Italian woman who transmitted citizenship prior to 1948. While the applicants’ claim would have been unquestionably valid under the long-standing legal framework governing citizenship by descent, the entry into force of Decree-Law 36/2025 threatened to bar recognition retroactively.

The Tribunal rejected the assumption underlying the new law — namely, that individuals born abroad possess only a future expectation of citizenship until formal recognition occurs. Instead, the Court reaffirmed a cornerstone principle of Italian citizenship law: citizenship iure sanguinis is acquired automatically at birth, and judicial or administrative proceedings merely serve to declare an already existing legal status.

Serious Constitutional Concerns

The Tribunal identified multiple constitutional issues arising from Article 3-bis, including potential violations of:

• Articles 2 and 3 of the Constitution (reasonableness, equality, and legal certainty);

• Article 22 of the Constitution, which prohibits arbitrary deprivation of citizenship;

• Article 117 of the Constitution, in relation to international and EU law obligations.

  
  

In particular, the Court emphasized that retroactively denying recognition of citizenship to individuals who were already citizens by birth undermines legitimate expectations and disrupts a body of case law that had been firmly consolidated for decades. Moreover, because Italian citizenship entails European Union citizenship, the new legislation may also conflict with EU principles prohibiting automatic and disproportionate loss of citizenship rights.

What This Means for Applicants

The referral to the Constitutional Court confirms that the 2025 reform is not immune from judicial scrutiny. Importantly:

• The proceedings before the Tribunal of Turin are suspended pending the Constitutional Court’s decision.

• Similar constitutional challenges are likely to arise in other courts.

• The retroactive effects of Article 3-bis may ultimately be limited or struck down.

  
  

While no final ruling has yet been issued, the Turin order clearly demonstrates that claims for Italian citizenship by descent are not necessarily foreclosed, even for individuals affected by the new law.

Our Approach

In this evolving legal context, a case-by-case assessment is essential. Each family line, factual background, and procedural posture must be carefully evaluated in light of:

• The pre-2025 legal framework.

• The constitutional issues currently under review.

• Ongoing judicial developments at both national and European levels.

  
  

We closely monitor litigation and constitutional proceedings concerning citizenship law and assist clients in identifying the most appropriate legal strategy, whether administrative or judicial.

Conclusion

Navigating the complexities of Italian citizenship law can be daunting. However, understanding the recent changes and their implications can empower you to make informed decisions. If you believe you may be eligible for Italian citizenship by descent, it’s crucial to seek professional guidance.

Book a consultation to discuss your case in detail.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The legal framework is subject to change following pending constitutional review.