The Court ruled on the applicability ratione temporis and ratione personae of the recent Legislative Decree 36/2025 (not yet converted into law), with which the Government radically modified the conditions for the recognition of citizenship by blood descent.
In a highly anticipated ruling, the Court of Campobasso has weighed in on the legal implications of Italy’s new Decree Law No. 36/2025 concerning Italian citizenship by descent (jure sanguinis). The court’s decision has significant consequences for thousands of Italian descendants—particularly those applying for citizenship through judicial channels. The ruling, issued on May 2, 2025 (judgment no. 375/2025), affirms that the new citizenship rules introduced by Decree Law 36/2025 cannot be applied retroactively. This decision offers renewed hope for applicants with pending claims based on longstanding interpretations of jure sanguinis citizenship rights.
Background: The Case Before the Court.
The case involved several Italian-American petitioners who sought official recognition of their Italian citizenship based on descent from a great-grandmother born in the province of Campobasso. She had emigrated to the United States without ever renouncing her Italian citizenship. The petitioners, though born outside of Italy—as were their parents and grandparents—claimed an unbroken line of descent that should, under traditional standards, qualify them for recognition as Italian citizens. In response, the Ministry of the Interior contested the claim, arguing that the recently enacted Decree Law No. 36/2025 applied to the case and that, under its stricter criteria, the petitioners were no longer eligible. The Ministry also requested that proceedings be suspended pending a Constitutional Court hearing related to Article 1 of Law 91/1992, set for June 24, 2025.
The Controversial Decree: A Major Shift in Italian Citizenship Law.
Decree Law No. 36, issued on March 28, 2025, and effective as of March 29, introduces sweeping changes to Italian citizenship by descent. Specifically, the new rules amend Law 91/1992 by adding Article 3-bis, which redefines eligibility for jure sanguinis claims. According to the government, the reform is intended to ensure that Italian citizenship is granted only to individuals who maintain a genuine and ongoing connection to Italy. The decree restricts automatic citizenship to those with at least one parent or direct ancestor born in Italy. Descendants further removed from Italian soil—even if born before the decree’s enactment—are now presumed never to have acquired Italian citizenship unless they meet this more stringent criterion. However, the decree includes a transitional clause: applications submitted (either administratively or judicially) before 11:59 p.m. on March 27, 2025, are to be evaluated under the previous legal framework.
The Court’s Reasoning: Legal Continuity and the Principle of Non-Retroactivity.
In its judgment, the Court of Campobasso addressed a key legal question: does Decree Law 36/2025 apply to cases initiated before its enactment? The court firmly ruled that it does not, grounding its reasoning in both procedural timing and broader constitutional principles. Notably, the court emphasized that the petitioners had filed their claim before the decree came into force. It also clarified a technical but critical point: although the decree is dated March 28, it only became effective on March 29, the day following its publication in the Gazzetta Ufficiale, as required by Italian law. Beyond procedural timing, the court invoked a fundamental principle of Italian jurisprudence: the non-retroactivity of laws unless expressly stated. Article 11 of the Preleggi (Preliminary Provisions of the Civil Code) stipulates that laws apply only to future cases unless retroactive effect is explicitly provided—and justified. Since Decree Law 36/2025 contains no such clause, the court held that it could not be retroactively enforced.
Legal and Practical Implications.
This interpretation carries substantial weight. By reaffirming the principle of non-retroactivity, the court shields thousands of jure sanguinis applicants who submitted their claims under the prior legal regime. It also establishes a key judicial precedent that may influence similar cases nationwide. Importantly, the court rejected the Ministry of the Interior’s argument that the decree should apply even to ongoing cases, as well as its request to suspend proceedings under Article 295 of the Code of Civil Procedure. The court found that the constitutional question raised by the Bologna court—currently under review by the Constitutional Court—did not warrant delaying the present judgment. Moreover, the court pointed out a logical inconsistency in attempting to apply the new law to past circumstances: it is impossible to retroactively change the birthplace of a parent or grandparent, a condition now required under the revised criteria. This would create an unjust and unresolvable burden on applicants, effectively penalizing them for immutable historical facts.
A Hybrid Legal Model: From Jure Sanguinis to a Conditional System.
While Decree Law 36/2025 does not eliminate jure sanguinis, it introduces a hybrid model, blending aspects of jus soli (right of the soil) and jus sanguinis (right of blood). The law limits full recognition of Italiancitizenship to those with closer familial ties to Italy’s territory. According to the new structure, future generations—specifically, the grandchildren of individuals born outside of Italy after March 29, 2025—may be excluded from automatic citizenship. Whether this approach will stand constitutional scrutiny remains to be seen. The pending review before the Constitutional Court could address broader issues about equality, identity, and the scope of citizenship as a fundamental right.
Final Thoughts: Legal Uncertainty and Strategic Action.
Until the decree is either formally converted into law or amended by Parliament, its status and interpretation will remain in flux. For now, the Court of Campobasso has provided a measure of legal certainty by clearly articulating that the new rules do not apply to earlier claims. For Italian descendants abroad seeking citizenship recognition, the ruling offers both guidance and reassurance. At Legally Italy, we continue to monitor developments in Italian citizenship law closely and offer tailored support for individuals seeking to secure their rightful status as Italian citizens.
