Through the law, the legislator shapes new categories of subjects not existing under current law.
Today (Nov. 12th), the Regional Administrative Court of Lazio (TAR) will examine an appeal filed by a law firm representing the CIM (Confederation of Italians Worldwide) concerning the effects of the new Italian citizenship regulations for minor children born abroad.
The dispute, before the Administrative Court, focuses on Ministerial Circular n. 26185 of May 28th, 2025 and in particular around the term “beneficio di legge”. At the heart of the matter is the creation, without clear legal grounds, of new categories not provided for under current legislation: the term “beneficio di legge,” as used in the Ministerial Circular, is challenged as an administrative device designed to classify certain individuals, something not contemplated by Law 91/1992.
The parties involved are requesting: the annulment of the circular insofar as it introduces the category “italiani per diritto,” the immediate suspension of the regulation’s effectiveness, and referral to the Constitutional Court for an assessment of any potential violation of constitutionality.
Among the possible outcomes: the TAR could declare the appeal inadmissible, considering that the objection should be raised directly against the law rather than the circular, or it could order a referral to the Constitutional Court for a ruling on constitutionality.
Contact our Citizenship team for a preliminary assessment of your eligibility.
This article was written by Giuditta De Ricco and Greis Muca.
