Italian Citizenship: what happened at today’s Constitutional Court hearing
The public hearing before the Constitutional Court on the legitimacy of Law No. 74/2025 has just concluded; a decision from the Court is still to come.
Is the ruling expected soon?
The decision will not be immediate. The ruling may take several weeks or even months to be issued. Its effects will automatically apply to all impacted cases and individuals, regardless of whether applications have already been submitted or are yet to be filed with the competent Italian authorities.
What was the scope of today’s hearing?
At this stage of the proceedings, attorneys presented their arguments before the judges of the Constitutional Court. The Court will examine the questions of constitutional legitimacy of Law No. 74/2025 and the motions presented by the Italian State.
What is the case about?
The matter specifically concerns Article 3-bis of Law No. 74/2025, which introduces generational limits. Many lawyers and professionals emphasized that the retroactive application of the law violate constitutional principles, since the right to citizenship exists from birth and the recognition should only certify this pre-existing status.
Several interventions emphasized a key point: a right acquired at birth cannot be revoked simply because it has not yet been exercised. In this context, many speakers also referred to current administrative practice, highlighting the challenges of a system that is effectively blocked and prevents individuals from submitting applications due to long delays and not well-managed appointment systems.
An attorney representing the Italian State also intervened, explaining the reasons behind this new provision and the considerations that led the legislator to adopt these limitations.
Is the outcome predictable and what could happen?
Two possible legal scenarios may follow the Court’s decision, check the following article for further information: New Citizenship Law: will it pass the bar of the constitutional court?
This article was written by Giuditta De Ricco and Greis Muca.
