First response from the Constitutional Court on the constitutionality questions regarding citizenship: those raised by the Turin Court declared unfounded and inadmissible

The Constitutional Court has provided a first response to the constitutional questions raised by the Court of Turin concerning the recent reform of the criteria for recognizing Italian citizenship by descent. In a press release issued on March 12, 2026, anticipating a judgment that has yet to be formally delivered, the Court declared some of the questions unfounded and others inadmissible, marking an important step in the litigation surrounding the legislation introduced in 2025.

The context of the reform and the referral to the Constitutional Court

The case originates from amendments made in 2025 to the legislation governing Italian citizenship, particularly through the introduction of Article 3-bis into Law No. 91 of 1992. This provision, introduced by Decree-Law No. 36/2025 and subsequently converted into Law No. 74/2025, affected the criteria for recognizing citizenship iure sanguinis, establishing stricter limits and introducing effects that also concern individuals born abroad before the entry into force of the provision.

During proceedings initiated by citizens of Italian origin residing abroad, the Court of Turin considered that certain aspects of the new legislation might conflict with constitutional and supranational principles. In particular, the Turin judges raised doubts about the legitimacy of the distinction between applications for recognition submitted before and after March 28, 2025, and about the potential infringement of rights that had already been acquired.

In light of these concerns, the judge ordered the suspension of the proceedings and referred the constitutional questions to the Constitutional Court so that it could assess their compatibility with the principles of the Constitution.

The Constitutional Court’s assessment

In the press release issued at the end of the chamber deliberations on March 11, 2026, the Constitutional Court held that the objections raised by the Court of Turin with reference to Article 3 of the Constitution were unfounded. According to the Court, the alleged arbitrariness in the distinction between those who filed a request for recognition of citizenship before March 28, 2025, and those who filed it afterward does not exist.

The Court also rejected the argument that the challenged legislation would amount to a form of implicit and retroactive revocation of citizenship status. Likewise, the question raised in relation to Article 9 of the Treaty on European Union and Article 20 of the Treaty on the Functioning of the European Union, which link European citizenship to possession of citizenship of a Member State, was deemed unfounded.

Alongside the questions declared unfounded, the Court also ruled other objections inadmissible. In particular, it considered non-examinable the claims concerning the alleged violation of Article 15 of the Universal Declaration of Human Rights and Article 3 of the Fourth Additional Protocol to the European Convention on Human Rights.

A first indication on the new regulatory framework

The ruling of the Constitutional Court represents the first judicial response to the new framework governing citizenship by descent, introduced in 2025 with the aim of redefining the criteria for the transmission of status civitatis and limiting the number of potential applications coming from abroad.

Although the Court has not yet addressed all the issues raised in the legal debate, the decision indicates that, at least with regard to the aspects examined, the reform does not appear incompatible with the constitutional principles invoked by the Court of Turin. In this sense, the Court’s judgment confirms the legislature’s discretion in defining the criteria for the attribution of citizenship, provided that such choices are not unreasonable or in conflict with the fundamental principles of the legal system.

Possible future implications

The Constitutional Court’s ruling represents an important step in the legal debate surrounding the reform of Italian citizenship law. The findings of unfoundedness and inadmissibility close, at least partially, the challenges raised by the Court of Turin, but the interpretative debate remains open and could be further shaped by other pending cases — the Court must still rule on constitutional questions raised by the courts of Mantua and Campobasso.

Pending the filing of the full reasoning of the decision — after which further analyses and evaluations will be possible — the Court’s press release therefore represents an initial indication regarding the relationship between the new legislative framework and constitutional principles, providing a reference point for ongoing proceedings and for the future application of Italian citizenship 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.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.