Italian Citizenship: Update on Yesterday’s Constitutional Court Hearing

The public hearing before the Constitutional Court regarding the legitimacy of Law No. 74/2025 has concluded. The Court has not yet issued its decision.

When can we expect the ruling?

The decision will not be immediate. It could take several weeks or even months before the Court releases its ruling. Once issued, the effects will automatically apply to all relevant cases and individuals, regardless of whether their applications have already been filed or are still pending submission with the appropriate Italian authorities.

What was discussed during the hearing?

During this stage of the proceedings, lawyers presented their legal arguments befo

re the judges of the Constitutional Court. The Court will now evaluate the constitutional legitimacy of Law No. 74/2025, as well as the motions submitted by the Italian State.

What is the case about?

The issue focuses on Article 3-bis of Law No. 74/2025, which introduces generational limits for citizenship recognition. Many legal experts and professionals argued that applying the law retroactively violates constitutional principles. According to this view, the right to citizenship exists from birth, and the recognition process simply confirms a status that already exists.

Several speakers highlighted an important principle: a right acquired at birth should not be revoked merely because it has not yet been exercised. In addition, many participants referred to current administrative practices, pointing out the difficulties created by a system that is effectively stalled, making it extremely difficult for individuals to submit applications due to long delays and poorly managed appointment systems.

An attorney representing the Italian State also addressed the Court, outlining the reasons behind the new provision and the considerations that led lawmakers to introduce these restrictions.

WHAT TO EXPECT?

First outcome: the Court upholds the constitutionality of the law

If the Court confirms the law’s validity, the current legislation and its updated eligibility requirements will remain in effect. Recognition of Italian citizenship by descent would continue to be restricted to individuals whose Italian parent or grandparent possessed only Italian citizenship at the time the applicant was born. As a result, descendants beyond the second generation who do not satisfy this condition would remain ineligible.

Second outcome: the Court finds the law unconstitutional

If the Court rules the provision unconstitutional, it would no longer be enforceable starting from the day following the publication of the decision. The Court would also determine the extent and limits of the ruling’s effects. Under this scenario, new possibilities could emerge for individuals currently excluded under the existing framework to pursue recognition of Italian citizenship by descent.

In light of the upcoming decision, anyone interested in obtaining Italian citizenship by descent should carefully monitor further developments, as the Court’s ruling could significantly affect both eligibility criteria and application procedures.