Recently the Civil Sections of Turin Court suspended citizenship cases and referred it to the Constitutional Court, raising questions about the constitutionality of the current legal framework, in particular of art.3-bis of the Law 74/2025.
The case concerns foreign nationals seeking recognition of Italian citizenship jure sanguinis (by descent). Judges argued that although both lineages would have qualified for citizenship recognition under the old rules, due to the changes and restrictions introduced by the new legislation, they are no longer eligible.
However, Turin judge highlighted that, citizenship is a right acquired at birth, regardless of whether legal proceedings have been initiated to obtain formal recognition. The lack of a court’s formal acknowledgment does not negate the existence of the right, as it is considered a factual condition, not one dependent on judicial confirmation.
Furthermore, it was argued that the recent changes to the law (especially where individuals are prevented from applying for citizenship despite having already met certain conditions) might go against important constitutional principles, namely:
• The principle of equality: noting the arbitrary distinction between applications filed before and after March 28, 2025.
• The principle of reasonableness: emphasizing that laws and official decisions should be clear, logical, fair, and aligned with their intended goals.
• The right to protection of acquired rights: a fundamental safeguard upheld by numerous Constitutional Court rulings, which have struck down laws retroactively affecting rights already held by individuals, as may apply to jure sanguinis citizenship.
• The principle of legitimate expectations and legal certainty: ensuring citizens can rely on the stability of established legal situations without sudden or unjustified changes, thereby maintaining trust in the legal system.
In light of these points, Turin judge concluded that it is not possible to issue a final judgment until the constitutionality of the law is clarified.
As a result, the Court suspended the proceedings and referred the matter to the Constitutional Court, which will now determine the law’s constitutionality.
The Constitutional Court’s ruling is expected within the coming months and could have significant implications for many similar cases.
Our team will provide updates as soon as new information becomes 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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