The Italian Constitutional Court has issued today, 30th April 2026, the ruling relating to the hearing held on 11th March 2026 about the constitutionality of the new citizenship law which introduced new requirements and limitations to the recognition of Italian citizenship by descent.
You can read more here: Navigate the New Italian Citizenship Rules: What Changes with Law n. 74
As anticipated in an official press release, the constitutional issues raised by the Court of Turin in relation to the new citizenship law were deemed either inadmissible or unfounded.
The main points raised by the Court were as follows:
- Retroactivity of the law: the Court considers the new limitations not as a “revocation” of the right to citizenship, but rather as an “original preclusion” to its acquisition. In fact, individuals eligible for Italian citizenship who never exercised their right did not hold the actual Italian citizenship status, as such status had not been formally recognized.
- Violation of the principle of equality between those who submitted their application before the entry into force of the new provisions and those who did so afterwards: this argument is considered not grounded, as it is common for legislators, when introducing new laws, to adopt transitional provisions that may result in different treatment of individuals.
- Violation of the principle of legitimate expectation for foreign nationals eligible for citizenship: while the Court acknowledges the existence of this principle, it must be accompanied by a genuine link with the Italian Republic. Furthermore, citizenship status is granted following an administrative or judicial procedure, and its outcome is not guaranteed. Therefore, no legitimate expectation can be deemed to exist. The Court also emphasizes the importance of the compensatory measures introduced by the new provisions, such as citizenship by “benefit of law”, transitional measures for minor children, facilitated immigration pathways for foreign nationals of Italian origin, and the reduction of the residency requirement from three to two years for individuals who have or had an Italian parent or grandparent.
- Unforeseeability of the legislative changes: the Court considers the changes foreseeable, as several draft laws had already been presented with the aim of restricting the number of eligible individuals, and the 2025 Budget Law had introduced significant government fees for filing citizenship recognition lawsuits. Additionally, other EU member states have similar restrictions.
- Violation of EU law: the Court considers this argument not grounded, noting that EU law on citizenship applies only to individuals who already hold EU citizenship status. Since individuals who are no longer eligible to apply for Italian citizenship under the new restrictions do not hold such status, they cannot benefit from EU citizenship protections, nor can any EU rights be considered violated.
- Violation of international law, the 1948 Universal Declaration of Human Rights, and the ECHR: these claims were deemed inadmissible. Specifically, (1) the Universal Declaration of Human Rights is not legally binding and therefore does not create enforceable international obligations; and (2) the ECHR does not guarantee a right to citizenship, but rather provides, among other protections, a prohibition against deportation of the citizens of the member states.
In June, the three proceedings (two from Campobasso and one from Mantua) will be examined together by the Constitutional Court. Such cases have a broader scope compared to the constitutional issue raised by the Turin court. Therefore, further comments on this matter will follow once the rulings become available.
This article was written by Giuditta De Ricco, Valentina Giannessi and Daniele Sergio Ranno.
