The Immigration Section of the Court of Turin has raised a question of constitutional legitimacy regarding the new law on Italian citizenship introduced by Minister Tajani. This legal development confirms the serious concerns that have been expressed by many legal professionals and observers: the law in question appears to be flawed, unjust, and potentially in violation of fundamental rights of individuals of Italian descent living abroad (read our article).
The government’s attempt to restrict, through legislation—and even by decree—the right to citizenship for descendants of Italian emigrants represents a significant and troubling shift. It undermines the historical and cultural identity of Italy, a nation profoundly shaped by migration.
Since 1876, nearly 40 million Italians have left the country in search of better opportunities, carrying with them their language, culture, and sense of belonging. Denying citizenship today to the children and grandchildren of those emigrants means severing a historical and human bond that has made Italy a global nation.
What does the decision say?
In the ruling, Judge Fabrizio Alessandria of the Turin Court decided to refer to the Constitutional Court the question raised by the parties regarding the validity of the new law 74/2025. The regulation introduced article 3-bis into law 91/1992, limiting the recognition of Italian citizenship by descent to those who did not submit their application by March 27, 2025.
The case concerns applicants born in Venezuela, descendants of Italians, whose case was presented after the new legislation came into force.
During the proceedings, the petitioners argued that the new regulation has retroactive effect and constitutes an “implicit revocation of citizenship,” as it affects individuals who already enjoyed acquired rights. They also maintained that the provision violates the constitutional principles of equality, legal certainty, and protection of acquired rights, provided for in articles 2, 3, and 117 of the Italian Constitution.
The lawyers also highlighted the incompatibility of the regulation with international treaties signed by Italy, such as:
- Article 9 of the Treaty on European Union
- Article 20 of the Treaty on the Functioning of the European Union
- Article 15 of the Universal Declaration of Human Rights
- Article 3 of the Fourth Protocol to the European Convention on Human Right
The constitutionality of the new legislation will now be reviewed by the Constitutional Court, following the admissibility of the claim raised by the Turin Court.
26 June 2025
More updates to come.
