The new Italian Citizenship Law n. 74/2025 (see our article on the Reform) – places stricter limitations on the right to claim Italian citizenship by descent, and introduces requirements that many legal scholars argue are retroactive and unfair.
In the past month, legal challenges have been brought before the Italian Constitutional Court, raising what is known as a “constitutional legitimacy question” about the new legislation.
What Does It Mean to Raise a Question of Constitutional Legitimacy?
When a judge in an ongoing court case raises a question of constitutional legitimacy, it means that the judge believes a law might violate the Italian Constitution. The judge then temporarily suspends the case and requests the Constitutional Court to assess whether the law complies with constitutional principles. If the court finds the law to be unconstitutional, it may be overturned or amended.
Why the New Citizenship Law May Be Unconstitutional
Several key concerns have been raised about Italian Law 74/2025 on jus sanguinis citizenship:
1. Retroactive Effect of the Law
The law applies retroactively, meaning it affects people even before the law was passed. This includes individuals who have always believed they had the right to claim Italian citizenship through an Italian ancestor. Under the new rules, many may now find themselves ineligible.
More troublingly, the retroactive effect of the law means it effectively strips citizenship from people who were already entitled to it—those who had inherited the status but had not yet had it formally recognized through a court ruling, a consular request, or registration with a local municipality.
This raises a serious concern: Can a law strip people of a right they already had—or thought they had?
2. Violation of Acquired Rights
An acquired right is a legal right that a person has already obtained or was in the process of obtaining under previous law. Legal systems typically protect acquired rights, as taking them away can undermine legal certainty and trust in the law.
In this case, people who had started or even completed the process of applying for citizenship might see their rights invalidated under the new rules — a potentially unconstitutional action.
3. Violation of the Principle of Reasonableness
The principle of reasonableness means that laws must be fair, balanced, and logically justified. A law that suddenly imposes burdensome requirements on people retroactively — especially when those people had no way to comply with the new rules in the past — may be considered unreasonable and, therefore, unconstitutional.
Status of the Legal Proceedings
On June 26, 2025, the Court of Turin suspended a jus sanguinis proceeding and raised a question of legitimacy before the Constitutional Court. The underlying action — filed on March 28, 2025 by individuals of Venezuelan descent claiming Italian citizenship through a maternal line — falls under the “1948 Rule”. Pre-Reform, the right to Italian citizenship could only be passed on by Italian-born women or women of Italian descent if their children were born after January 1, 1948. The 1948 Rule could be challenged in Italian Court, claiming that the law on Italian citizenship by descent should be applied retroactively – granting women the same rights as men.
Currently, one case has been formally referred to the Constitutional Court; however, many lawyers have raised similar concerns about the legitimacy of the new law in their proceedings, and additional referrals may follow. These proceedings will be critical in determining whether the law can remain in force or if it needs to be revised or annulled.
In the meantime, lower courts are expected to either suspend ongoing cases or postpone their rulings until the Constitutional Court issues its decision.
For new claims filed in the coming months, if a constitutional issue is raised within the petition, judges may submit additional questions to the Constitutional Court based on different legal arguments than those already under review.
In conclusion, the legal battle over Italian citizenship jus sanguinis is far from over. The new Italian law on citizenship by descent is under serious legal scrutiny, both domestically and potentially at the European level. For many people of Italian descent around the world, the outcome of these cases will determine whether they can still claim a connection — and a legal status — rooted in their family history.
We’re here to help you if you’re navigating these new regulations or need expert guidance on your citizenship application to ensure it is handled as smoothly and efficiently as possible. Stay informed with our latest updates and insights.
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