New constitutional challenge to the law on Italian citizenship by descent: the Court of Campobasso joins other courts

The debate over the recent reform of Italian citizenship by descent has gained a new chapter. The ordinary court of Campobasso has raised a question of constitutional legitimacy against the rule that limits the recognition of citizenship jure sanguinis, referring the matter to the Constitutional Court and suspending the main proceedings.

The contested provision is Article 3-bis of Law No. 91 of 1992, introduced by Law No. 74 of 2025, which set a final deadline—March 27, 2025—by which applications for recognition of citizenship by descent had to be filed. According to the judge, the rule would operate retroactively on already-existing legal situations, calling into question the citizenship status of individuals born into an Italian lineage.

A right that arises at birth

In the order, the court highlights that citizenship by descent is, according to established case law, a status automatically acquired at birth and that can be lost only through voluntary renunciation. From this perspective, the new legislation would not merely regulate the methods of recognition, but would instead affect an already-existing right.

The judge refers to the position of the Joint Chambers of the Court of Cassation, which in 2022 reaffirmed the permanent and non-prescriptive nature of citizenship acquired at birth. The introduction of a strict deadline would therefore effectively result in the automatic loss of status for those who have not yet obtained formal recognition, creating a measure incompatible with the principles of reasonableness and protection of legitimate expectations.

Unequal treatment and European citizenship

Another critical issue identified by the court concerns the temporal criterion adopted by the law. According to the order, the reference to the date of application would create inequality between people in identical situations, penalizing those who were unable to file their request for reasons beyond their control, such as administrative obstacles or financial difficulties.

The decision also emphasizes that the loss of Italian citizenship would automatically entail the loss of European Union citizenship, without any individual assessment of proportionality. This effect could conflict with Article 20 of the Treaty on the Functioning of the European Union, which protects the status of EU citizenship.

A new referral awaiting the Constitutional Court

The initiative of the Campobasso court comes within a context already marked by similar proceedings. The Constitutional Court has scheduled a hearing for March 11, 2026, regarding two referrals from the courts of Turin and Mantua, both centered on Article 3-bis.

With the new order, it may now be possible for the Molise case to be examined together with the others, allowing for a unified ruling with consistent effects across the entire national territory, thus avoiding divergent interpretations.

The specific case

The Campobasso proceedings concern two Brazilian citizens, mother and daughter, direct descendants of an Italian citizen born in Bojano in 1881. The genealogical documentation presented in the case, under the legislation in force before the 2025 reform, would have allowed recognition of citizenship without particular obstacles.

However, the court held that the new rules affect already-established situations and may violate several constitutional principles, including those set out in Articles 2, 3, 22, 72, 77, and 117 of the Constitution, as well as potentially conflicting with European Union law.

It will now be up to the Constitutional Court to decide whether to examine the Campobasso case together with the others at the already scheduled hearing or to set a new date for a comprehensive review of the issues raised. The decision will have a decisive impact on the future of citizenship-by-descent applications and on the interpretation of the law following the recent reform.

Your Way to Italy: our assistance

Our team is available to provide support and assistance regarding italian citizenship and immigration law! Contact us to schedule your first consultation! #Yourwaytoitaly

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.