What happened at the June 9 hearing before the Constitutional Court

The public hearing held on June 9 before the Constitutional Court marked a key moment in the debate surrounding Italian citizenship by descent. The discussion focused on the referral orders issued by the courts of Mantua and Campobasso, which raised constitutional concerns regarding the recent legislative changes affecting citizenship law.

Much of the debate in the courtroom centered on the impact of Judgment No. 63, a ruling that in recent months has significantly influenced cases related to jus sanguinis. That decision became the main focus of the hearing, as many of the arguments presented sought to determine whether the constitutional questions now before the Court were genuinely new or had already been indirectly addressed in the previous ruling.

According to the arguments presented during the session, the attorneys representing the claimants maintained that the current referral orders involve legal aspects that differ from those examined in the earlier judgment. In particular, the defense emphasized unresolved issues related to acquired rights, legal certainty, and the possibility that the new restrictions could affect situations that had long been considered established.

Another major issue discussed during the hearing concerned the relationship between citizenship and the existence of a genuine connection with Italy. Supporters of the reform argue that it is necessary to limit the automatic recognition of citizenship for generations born abroad who lack concrete ties to the country. On the other hand, the claimants contend that the principle of jus sanguinis is deeply rooted in the Italian legal tradition and should not be restricted retroactively.

The hearing also attracted considerable attention from Italian communities living abroad. Thousands of families involved in citizenship recognition procedures—particularly in Latin America—closely followed the proceedings, as the issue continues to hold strong legal and social significance for descendants of Italian emigrants.

Procedural matters were also addressed during the session, including questions concerning the participation of third parties and associations interested in the constitutional proceedings. Some requests to intervene were examined by the Court from the standpoint of admissibility, underscoring the broad and sensitive nature of the case.

No immediate ruling was issued at the conclusion of the hearing. The Constitutional Court reserved its decision for a later date, leaving open a debate that continues to generate strong interest both among legal experts and within Italian communities abroad.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.