Citizenship by descent and Law 74/2025: first doubts of constitutionality raised by the Courts of Naples and Turin

Law 74/2025 introduced new restrictions on the recognition of Italian citizenship by descent(iure sanguinis). However, the rule is already at the center of contestations: the Courts of Naples and Turin have suspended some proceedings and referred to the Constitutional Court the evaluation of the legitimacy of Article 3-bis of the law, highlighting possible violations of fundamental principles of the Constitution.

The most controversial point concerns possible retroactive effects. According to the judges, preventing people who fully met the requirements before the reform from applying today could jeopardize rights already acquired.

The cases under consideration concern foreign nationals with Italian ancestry: until the law came into force they would have been eligible for recognition, but the new rules call their eligibility into question. For the courts, however, citizenship by descent is an original right, which is born with the person and which the law does not create, but merely certifies.

Points raised by the courts include possible conflicts with several constitutional principles:

• Equality before the law, because applicants would be treated differently depending on the date of application.
• Regulatory reasonableness, as the new criteria appear inconsistent with the stated objectives of the reform.
• Protection of acquired rights, which should prevent retroactive changes to already established situations.
• Legal security and legitimate expectations, which are essential elements to ensure stability and predictability of law.

Pending the Constitutional Court's verdict, the courts have chosen to stay the judgments. The ruling, expected in the coming months, could have an impact far beyond the specific cases of Naples and Turin, affecting hundreds of proceedings.