Following the Court of Turin, the Court of Mantua has also referred to the Constitutional Court the question of the constitutionality of Article 3-bis of Law No. 91/1992, introduced by Decree-Law No. 36/2025 and converted into Law No. 74/2025, specifically, in the section that limits the recognition of Italian citizenship by descent for individuals born abroad before the law entered into force.
The Court of Mantua found the question admissible for the Constitutional Court’s review, noting that the new provision produces a retroactive loss of citizenship, which under Italian law is generally considered acquired at birth. According to the judge, the rule may violate fundamental constitutional principles, as the right to equality and the principle of “legittimo affidamento”.
The Court of Mantua also raised concerns about the improper use of a decree-law in a matter of such importance as the right to citizenship, which should be regulated directly by Parliament.
According to the Judge, there is only one interpretation of Article 3-bis that would be consistent with the Constitution: the rule should apply solely to individuals born after the law entered into force, while for those born earlier, the general principle set forth in Article 11 of the Preliminary Provisions of the Civil Code should prevail, according to which laws produce effects only for the future.
In light of these considerations, the Court suspended the proceedings and referred the case to the Constitutional Court, which is once again expected to decide on the constitutionality of the new citizenship provisions considering the fundamental principles of the Italian Constitution.
This article was written by Giuditta De Ricco and Francesca Falchi.
