The recent reform of Italian citizenship laws has triggered considerable legal debate.

Civil judges in Turin and Naples have opted to suspend pending cases and submit a request to the Constitutional Court, questioning the constitutionality of Article 3-bis of Law No. 74/2025. These judges have raised concerns that the provision may conflict with core principles enshrined in the Italian Constitution.

This legal development confirms the serious concerns that have been expressed by many legal professionals and observers: the new law in Italian citizenshipappears to be flawed, unjust, and potentially in violation of fundamental rights of individuals of Italian descent living abroad

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 of the Court of Turin 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 (read the related article).

Why the new Law 74/2025 on Italian Citizenship has been challenged

At the core of the debate is the retroactive effect the new law may have. According to the courts, preventing individuals who previously met the requirements from submitting an application now could infringe on already established rights. In this regard, serious doubts have been raised about the compatibility of the new law with several constitutional principles:

• Equality before the law: for treating applicants differently based on the date of application submission, creating arbitrary discrimination.

• Legislative reasonableness: for imposing criteria that appear disconnected from the legitimate aims pursued by the law.

• Protection of acquired rights: a legal safeguard preventing retroactive changes to already established situations.

• Legal certainty and legitimate expectation: essential pillars of the rule of law that demand stability and predictability in the legal system.

In light of these concerns, both courts have concluded that issuing a judgment would be premature and legally unsound before the Constitutional Court has expressed its opinion on the disputed provision.

A ruling from the Constitutional Court is expected in the coming months. Its decision could have far-reaching consequences, not only for the cases brought forward by the courts of Turin and Naples, but also for potentially hundreds of similar cases across Italy. Moreover, it may lead to a broader reconsideration of the recently enacted legislation June 2025.

More updates to come.

June 26 2025