The Constitutional Court will examine Decree-Law 36/2025 at the request of the Turin Court. Find out what could happen and how to obtain qualified legal assistance.
The Constitutional Court has been called upon by the Turin Court to assess the constitutionality of Decree-Law 36/2025, converted into Law 74/2025.
The Turin Court has referred to the Constitutional Court the question of the constitutionality of Article 3-bis, contesting its retroactive application and its breach of the principles of equality and protection of acquired rights.
Recognition of Italian citizenship iure sanguinis, which underwent significant changes in 2025, remains at the heart of the debate after lawmakers introduced unprecedented restrictions, excluding many who would previously have been eligible to apply for citizenship by descent.
Previous case law on Decree-Law 36/2025
Although only marginally, Decree-Law 36/2025 has already been discussed before the Constitutional Court.
On 31 July 2025, the Constitutional Court delivered judgment no. 142/2025 in response to four appeals from Italian courts seeking to determine whether it was lawful to grant citizenship to descendants of Italians without generational limits, as provided by Law 91/1992, and whether such practice was consistent with the Constitution.
On that occasion, Decree-Law 36/2025 was also mentioned, as it had effectively imposed a two-generation limit for applications submitted after the decree's publication.
In its judgment no. 142, the Court merely clarified that the new rules introduced in 2025 (Decree-Law 36/2025, converted into Law 74/2025), which impose new requirements for the recognition of citizenship iure sanguinis, do not apply to cases pending before 28 March 2025.
As for the question of granting citizenship without generational limits, the Constitutional Court held that it was consistent with the Constitution.
Anomalies in Decree-Law 36/2025
Decree-Law 36 of 2025 changed the rules on Citizenship iure sanguinis, invoking an alleged urgency, and the way it was presented took practitioners by surprise.
It was published in the Official Gazette on 28 March 2025 and could have entered into force the following day, 29 March 2025, but its text specifically states that it applies to applications submitted by 11:59 p.m. (Rome time) on 27 March 2025.
This means it applies retroactively.
Debate on the decree was not publicised and took place on a day when the media's attention was focused on another legislative discussion.
Indeed, Council of Ministers meeting no. 121 of 28 March 2025 was expected to address a decree-law introducing "urgent provisions to combat irregular immigration", while the discussion on citizenship was mentioned only in connection with the downsizing of consulates and the reduction in application numbers (see Insieme magazine).
One thinks of all those who had already prepared, or were close to completing, their applications after years of research and investment, only to see their chance to become Italian citizens vanish because the requirements were changed without warning.
The Constitutional Court is expected to schedule the public hearing for the first months of 2026, as already indicated in various press releases.
What Decree-Law 36/2025, converted into Law 74/2025, provides
Decree-Law 36/2025 ("Urgent provisions on citizenship") entered into force on 29 March 2025 and was converted (with amendments) into Law 74/2025 on 24 May 2025.
The retroactive limitations of Decree-Law 36/2025
Article 3-bis states that a person is "considered never to have acquired Italian citizenship" if they:
- Were born abroad and hold another Citizenship, and
- Did not submit an application for recognition or lodge an appeal by 11:59 p.m. on 27 March 2025.
This provision, as drafted, also affects situations that arose before the decree entered into force.
Exceptions safeguarded by Decree-Law 36/2025
The following cases remain protected:
- Having a solely Italian ascendant of the first or second degree (parent or grandparent);
- Having a parent resident in Italy for at least two years before birth;
- Having already filed a judicial or administrative application by the cut-off date.
Constitutional doubts over Decree-Law 36/2025
The Turin Court has identified several critical issues regarding its constitutionality.
According to the referral order, the new rules:
- Introduce retroactive effects that undermine the principle of legal certainty;
- Discriminate against dual nationals, violating Articles 2 and 3 of the Constitution;
- May breach international obligations and EU law on citizenship status.
Possible outcomes of the future ruling
These are the possible scenarios following the Constitutional Court's deliberation:
- Full acceptance – Article 3-bis would be struck down; the pre-2025 system would be reinstated (no generational limit, acceptance of dual citizenship, no requirement for residence in Italy, etc.).
- Partial acceptance – The Court could modulate the effects (e.g., safeguard those who had already initiated proceedings).
- Rejection – The restrictions would remain in force, unless Parliament intervenes to amend them.
Statements from various constitutional law experts suggest that the Court "appears to acknowledge" flaws in Decree-Law 36/2025, but the outcome remains uncertain.
Practical consequences for descendants
| Situation | Immediate effect | Recommended action |
| Application already submitted by 27 March 2025 | Proceed under the old rules | Monitor hearing date / supplement documents |
| Application submitted after 27 March 2025 | Suspended pending Constitutional Court decision | Consider appeal and request for suspension of proceedings |
| No application yet submitted | Access barred until judgment delivered | Prepare documentation to act promptly if the provision is annulled |
Further information on specific cases, reacquisition of citizenship, and the status of minors born abroad is available on the Boccadutri website.
The future of Citizenship iure sanguinis depends on the forthcoming constitutional ruling: being informed and acting promptly is essential.
Our International Law Firm guarantees:
- Preliminary analysis of your family tree and certificates;
- Procedural strategy in administrative and judicial venues;
- Full-service assistance for appeals, consular applications, and document integration.
Contact our Immigration Department lawyers for an immediate assessment of your case: together we will safeguard your blood rights in compliance with Italian law.
FAQ
What is Citizenship iure sanguinis?
It is the automatic acquisition of Italian citizenship by descent from at least one Italian ancestor, a principle confirmed by the Constitutional Court in judgment no. 142/2025.
Did Decree-Law 36/2025 abolish the right of blood?
No, but it limits its application to foreign-born dual nationals who did not act by 27 March 2025. The constitutionality of this restriction is now under review by the Constitutional Court.
What happens if the Court declares Article 3-bis unconstitutional?
The restrictions would lapse with erga omnes effect, although "windows" could be established to prevent legal gaps.
Can I still apply for Citizenship?
At present, only if you fall within the exceptions set out in Law 74/2025. In other cases, it is advisable to prepare and await the outcome of the ruling, considering precautionary measures.
Why turn to a law firm?
Because the process requires specific expertise in administrative, constitutional, and international law: mistakes or delays can definitively compromise recognition.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
