The Constitutional Court has reviewed the constitutional questions raised by Mantua and Campobasso courts regarding new citizenship rules: a decision will follow
On June 9th, the Constitutional Court examined three cases referred by the Courts of Campobasso (two) and Mantua (one), all concerning the recent Article 3-bis of Law No. 91/1992 which has drastically limited acquisition of Italian citizenship by descent.
When can a ruling be expected?
Millions of people are seeking clarity on whether a pathway remains for the recognition of Italian citizenship, a right acquired at birth but not yet exercised.
A decision is expected in the short term, but there is no fixed timeframe for its publication.
An official press anticipating the outcome of the Court decision has not been released yet; it is not predictable if it will be issued shortly or if we should expect the final decision without any previous statement.
Key points of the hearing
The hearing focused on compliancy of new citizenship rules with constitutional and EU principles, including equal treatment and protection of acquired rights.
Lawyers have strongly contested the recent ruling no. 63/2026, published on April 30, 2026, in which the Constitutional Court rejected questions of constitutionality relating to Legislative Decree 36/2025 raised by the Court of Turin. It was argued that the above ruling transformed the right to citizenship, which is absolute, permanent, imprescriptible and inalienable, into a merely eventual and hypothetical right.
Lawyers have also discussed the issue of new law illegitimacy, where it does not provide that previous legislation applies to those who attempted to obtain citizenship but were unable to have an appointment or submit the application due to consular delays and inefficiencies.
Who attended the hearing?
Legal counsel for the parties appeared before the Court and presented oral arguments before the constitutional judges; representatives of the Italian State also participated.
Although the hearing attracted significant political attention, the Constitutional Court’s role remains strictly judicial. Fifteen constitutional judges are called to guarantee that the laws meet constitutional principles.
What relevance does the Constitutional Court’s ruling on the Turin questions have for this hearing? Does it have any negative impact?
The constitutional issues raised by the Court of Turin in relation to the new citizenship law were deemed either inadmissible or unfounded by the Constitutional Court with decision n. 63/2026. This is surely a negative outcome for those interested in Italian citizenship and who do not meet the new generational limits and requirements.
However, the above decision is not binding for the one to be issued.
Related articles:
- https://www.mazzeschi.it/italian-citizenship-constitutional-court-joins-campobasso-and-mantua-cases-hearing-set-for-june-9-2026/
- https://www.mazzeschi.it/italian-citizenship-by-descent-constitutional-court-ruling-on-the-new-citizenship-law/
For further information, contact our Citizenship Team
This article was written by Giuditta De Ricco and Greis Muca.
