On June 24th, 2025 the Italian Constitutional Court held a hearing to review several petitions that challenge the unlimited application of jus sanguinis mentioning possible constitutional violations.
Judges from some Italian Courts (Bologna, Rome, Milan and Florence) previously raise doubts about whether citizenship should be given just based on ancestry without any real connection to Italy.
During the hearing, among other arguments, attorneys highlighted that jus sanguinis has been protected by Italian law for over a century, with the Court of Cassation defining it as a permanent and inalienable right at birth. They also stated that the real issue lies in the administrative delays of Italian Consulates abroad and Italian Courts, rather than the principle itself.
Attention was also drawn to Law 74/2025 (previously Tajani Decree), which introduced generational limits and retroactive clauses that could invalidate already pending citizenship applications if not complying with the new criteria. Attorneys provocatively also suggested that the new Law might apply retroactively even to cases submitted years ago, forcing Court to rule on this emerging legislation as well.
It is important to note that no final decision has yet been issued regarding the jus sanguinis or the retroactivity of these rules. The Constitutional Court has reserved the judgement while opening the debate in its authority to consider the new law.
We are waiting to see whether the Constitutional Court will simply uphold the constitutionality of the longstanding legal framework or also evaluate the recent Law 74/2025 and its retroactive effects.
Our team will continue to closely monitor the developments and provide updates as soon as they become available.
This article was written by Giuditta De Ricco and Antonia Manicone.
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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