The Constitutional Court of Italy has dismissed the claims of unconstitutionality raised by courts, including the one in Bologna, regarding the former Law 91/1992, which governs the recognition of Italian citizenship by descent. The decision was announced on July 31st..
The judges' assessment confirms the legitimacy of the rule in force until March 2025, when the government introduced the so-called "Tajani decree", later converted into law by Parliament on May 26.
“The pronouncement of the Constitutional Court on the questions of legitimacy raised by the Bologna Court and others, in relation to the so-called 'ius sanguinis' law (91/1992), modified by the Tajani decree converted into law by Parliament on May 26, 2025, confirms the full constitutionality of the law in force until the presentation of the Tajani decree in March 2025 and, therefore, the total inadequacy and impropriety of resorting to an emergency decree to modify Italian legislation on such a delicate subject.” The statement is from the deputy Fabio Porta, of the Democratic Party and elected in South America.
According to the parliamentarian, the Court avoided directly addressing the new legislation, but made it clear that the claims of unconstitutionality are unfounded. "This is an important result, because the Court, while not specifically referring to the new law, declared the questions of legitimacy and unconstitutionality raised by the courts to be unfounded," Porta added.
The representative also highlighted that the Court reaffirmed Parliament's exclusive role in the debate on citizenship and criticized, albeit indirectly, the government's conduct in using the emergency decree. "At the same time, the Constitutional Court solemnly reaffirmed that it is up to Parliament to decide whether to intervene in the issue of citizenship, while the Court is responsible for verifying the constitutionality of these rules. In this case, too, considering the use of the emergency decree and the resulting strong and severe limitation of parliamentary prerogatives, the Court authoritatively, albeit indirectly, signals the irregular manner in which the Italian government decided to intervene in the matter, precisely on the eve of such an important ruling."
Porta concluded by saying that he will remain engaged with the issue, both in Parliament and among Italians abroad. He said the new legislation has caused confusion and disorientation. "We will continue, in Parliament and among Italians abroad, to maintain high levels of attention on this issue and on the need to modify a law that has caused astonishment and disorientation among Italians abroad, as reiterated in the President's speech to the CGIE, who called for a more in-depth analysis and, therefore, a review of the content of the current Law 75/2025."
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