In an order dated June 25th, the Court of Turin found that the question of unconstitutionality concerning the new citizenship law, raised by a Venezuelan appellant of Italian origin, was not manifestly unfounded.
Of particular concern is Article 3-bis of the new Law 74/2025, specifically the provision stating that the new generational limits also apply to individuals born abroad before the law came into force.
The judge found that the applicants would have qualified for citizenship under the previous rules but are no longer eligible due to the new law’s restrictions. The judge also recalled several Constitutional Court rulings that emphasize how the retroactive effect of a law is limited by the principle of citizens’ reliance on legal certainty, the violation of which renders the retroactive provision illegitimate.
For these reasons, in deference to the fundamental principles of the Constitution, the judges ordered the transmission of the case to the Constitutional Court, which will be called upon in the coming months to rule on the matter.
It is therefore crucial to closely monitor upcoming developments: if the Constitutional Court finds the issue well-founded, the new provision will be declared unconstitutional and thus will be “cancelled” from our legal system.
This article was written by Giuditta De Ricco and Angela Suprano.
This article is posted by Mazzeschi Web Content Manager. Should you need any further information, please do not hesitate to contact us at info@mazzeschi.it. Follow us on social media @StudioMazzeschi to receive the latest updates.
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