Citizenship by descent and law 74/2025: first constitutional legitimacy concerns raised by the Courts of Naples and Turin

The recent reform of Italian citizenship legislation has sparked significant legal controversy. Civil court judges in Turin and Naples have decided to suspend several ongoing proceedings and refer the assessment of the legitimacy of Article 3-bis of Law 74/2025 to the Constitutional Court, after identifying potential conflicts with fundamental principles of the Italian Constitution.

The cases examined by these courts involve foreign nationals applying for Italian citizenship by descent (iure sanguinis). Prior to the reform, the applicants would have met all the required criteria. However, due to changes introduced by the new legislation, their eligibility has been called into question, despite their continued bloodline connection to Italian ancestors.

The judges argue that citizenship by descent is a right acquired at birth, regardless of when the legal recognition process is initiated. According to this view, judicial recognition does not create the right—it merely certifies it.

At the core of the debate is the retroactive effect the new law may have. According to the courts, preventing individuals who previously met the requirements from submitting an application now could infringe on already established rights. In this regard, serious doubts have been raised about the compatibility of the new law with several constitutional principles:

• Equality before the law: for treating applicants differently based on the date of application submission, creating arbitrary discrimination.
• Legislative reasonableness: for imposing criteria that appear disconnected from the legitimate aims pursued by the law.
• Protection of acquired rights: a legal safeguard preventing retroactive changes to already established situations.
• Legal certainty and legitimate expectation: essential pillars of the rule of law that demand stability and predictability in the legal system.

Faced with these issues, both courts have deemed it legally imprudent to proceed with rulings until the Constitutional Court rules on the validity of the contested provision.

The Constitutional Court is expected to rule on these matters in the coming months. The impact of the Court’s decision could extend beyond the specific cases raised by Turin and Naples, potentially affecting hundreds of similar proceedings and prompting a revision of the recently approved law.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.