Which aspects of Law 74/2025 have been challenged before the Constitutional Court?

The recent Law 74/2025, which converted into permanent legislation the so-called “Tajani Decree” issued on 28 March 2025, introduced one of the most significant reforms in citizenship law in recent decades. These changes, however, have sparked wide debate and led several Italian courts—most notably the Court of Turin—to raise constitutional legitimacy issues before the Constitutional Court.

The innovations introduced by the Tajani Decree

Decree-Law 36/2025, known as the Tajani Decree, profoundly redefined the criteria for obtaining Italian citizenship by descent (jure sanguinis). Previously, anyone who could demonstrate an unbroken line of descent from an Italian ancestor born after the country’s unification in 1861 was entitled to recognition. Under the new law, access has been restricted: only those who have an Italian parent or grandparent may now apply for citizenship.

An additional condition requires that the parent or adoptive parent must have resided in Italy for at least two consecutive years after acquiring citizenship and before the applicant’s birth. Applications already submitted, or appointments scheduled before 11:59 p.m. on 27 March 2025, remain governed by the previous rules.

Citizenship of minors and retroactive application

Law 74/2025 also affected the recognition of citizenship for minors born or adopted abroad. If the child is born to an Italian parent, the declaration must be filed within one year of birth or adoption. Alternatively, the minor must reside in Italy for at least two consecutive years following the declaration. This provision has raised concerns about its retroactive application and its compatibility with constitutional and European Union principles.

The intervention of the Constitutional Court

On 17 September 2025, the Court of Turin formally referred several provisions of Law 74/2025 to the Constitutional Court. The issue primarily concerns the limitation of acquired rights and the potential violation of the constitutional principles of equality and reasonableness. The parties involved have twenty days to submit their briefs, pending the public hearing scheduled for early next year.

Established in 1955, the Constitutional Court ensures that laws passed by Parliament comply with the Constitution. Composed of fifteen judges drawn from the higher judiciary and academia, it is now called upon to rule on specific aspects of the Tajani reform, not on the law as a whole.

Criticism and future outlook

Criticism of the Tajani Decree focuses on the restrictive nature of the new provisions and their potential incompatibility with European Union principles, particularly concerning freedom of movement and the recognition of rights for Italians abroad. Many individuals of Italian descent who had already begun the process of obtaining citizenship by descent have turned to Italian courts to assert the previous rules.

It is worth noting that the Constitutional Court had already ruled, in July 2025, on issues related to the earlier citizenship law (Law 91/1992), finding that it did not violate the Constitution. That precedent may influence the Court’s assessment of the new provisions.

As the verdict is awaited, the debate remains intense. The Constitutional Court’s decision will determine not only the fate of thousands of people seeking recognition of Italian citizenship, but also the future interpretation of the relationship between blood, territory, and national belonging. For many descendants of Italians worldwide, obtaining citizenship also means obtaining an Italian passport—a symbol of identity and cultural connection that continues to hold deep emotional and historical significance.

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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.