Citizenship Law Referred to the Constitutional Court for Legitimacy Review
In one of several legal challenges arising across Italy in response to recent amendments to the law governing citizenship by descent, the Court of Turin has referred the matter to the Constitutional Court for assessment.
Following a review of claims alleging violations of multiple principles of the Italian Constitution, the Court examined Law No. 74/2025—which retroactively introduced restrictions to citizenship procedures by converting Decree No. 36/2025 and amending Law No. 91/1992. On June 25, 2025, the Court of Turin declared that “the question of constitutional legitimacy of Article 3-bis of Law No. 91/1992 is not manifestly groundless,” particularly when applied to individuals born abroad prior to the law’s enactment.
Consequently, the Court suspended the ongoing proceedings and formally referred the case to the Constitutional Court, which is now tasked with determining the legitimacy of the contested provision.
It is important to note that this referral specifically concerns Law No. 74/2025 and, in principle, should not directly affect the revised interpretation of Law No. 555/1912 (commonly referred to as the “minor rule”). However, there remains some potential for indirect implications.
If you are considering applying for Italian citizenship by descent and are unsure how these developments may impact your situation, we invite you to contact us. We remain at your disposal to evaluate your individual circumstances and assess your case’s theoretical feasibility in light of current legal changes.
