The Constitutional Court rejects challenges to the recognition of Italian citizenship by descent

In ruling no. 142 issued on July 31, 2025, the Italian Constitutional Court declared unfounded the constitutional legitimacy challenges raised in recent months by several Italian courts — including those in Bologna, Rome, Milan, and Florence — regarding the laws that govern the automatic recognition of Italian citizenship by descent, under the principle of iure sanguinis (right of blood).

The referring orders questioned whether this automatic recognition was compatible with certain fundamental principles of the Constitution, particularly concerning the coherence between citizenship and actual membership in the national community. The referring judges expressed concerns that individuals born and raised entirely abroad — with no concrete, cultural, or linguistic ties to Italy — could obtain citizenship without any requirements for integration or knowledge of the Italian context. According to these positions, the regulations under Law 91/1992 (prior to the approval of Law 74/2025) would conflict with the principle of equality, national interest, and the notion of citizenship as a substantive — not merely formal — belonging.

However, the Constitutional Court rejected these arguments, clarifying that the matter of citizenship falls within the discretionary powers of the legislature, and that recognition by iure sanguinis reflects a specific political and historical intent to maintain ties with Italian communities abroad. The Court emphasized that this inclusive approach has been deeply rooted in the Italian legal system since the 1865 Citizenship Law and has been consistently reaffirmed by subsequent legislative reforms over time (specifically Law 555/1912 and Law 91/1992).

As stated in yesterday’s ruling, any changes to the system of recognizing Italian citizenship by iure sanguinis should take place through the legislative process, not through judicial intervention. The Court reiterated that its role is not to replace the legislature, but to ensure consistency with constitutional parameters.

It is important to note that this ruling pertains exclusively to the legal framework in place before the entry into force of Law 74 of 2025. The constitutional legitimacy of this new legislation was not addressed in the decision and remains under judicial review. Further rulings from the Court are expected regarding potential challenges directly involving Law 74/2025, which introduced significant changes to the Italian citizenship system (summarized in our related articles).

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