The Constitutional Court of Italy received the fourth question Regarding the decree that restricts the recognition of Italian citizenship by descent.
The new shipment departed, once again, from Ordinary Court of Campobasso, which suspended a process and sent to the Court the analysis of the constitutionality of article 3-bis of Law 91/1992, included by Decree-Law 36/2025 and converted into Law 74/2025.
The decision was issued on February 5, 2026.
The information was confirmed by lawyer Marco Mellone, who will represent the descendants in one of the cases before the Constitutional Court.
According to the statement, it will be up to the president of the Court to decide whether the hearing scheduled for March 11, 2026, will be postponed to allow for a joint trial with the questions already raised by the courts of Turin and Mantua.
Suspension of the process
The case involves two Brazilian citizens of Italian descent. The request for recognition of citizenship by right of blood (jure sanguinis) was submitted after the new regulation came into effect.
The judge determined that there is significant doubt regarding the compatibility of the rule with the Italian Constitution and European Union law. The trial was suspended pending a decision from the Constitutional Court.
What does the standard say?
Article 3-bis establishes that those born abroad, even before the entry into force of the rule, and who possess another citizenship, are not considered to have acquired Italian citizenship, except in specific cases provided for by law.
Among the exceptions are cases in which the status has already been recognized by March 27, 2025, through administrative or judicial means, or when requirements such as prior residence of a parent in Italy or exclusive possession of Italian citizenship by a first- or second-degree ascendant are met.
According to the court, the rule could have retroactive effects by affecting people who were already born and who, according to the previous regulations, would have acquired citizenship by birth.
Possible constitutional violation
In her decision, the judge points to a possible violation of articles 2, 3, 22, 72, 77 and 117 of the Italian Constitution.
The text argues that the new rule could constitute a substantial revocation of a right already acquired, even though the legislator qualifies it as "preclusion of automatic acquisition".
The use of the application filing date as an exclusion criterion was also questioned. According to the decision, this could lead to unequal treatment between people in identical situations, due to factors beyond the control of those involved.
European impact
The decision emphasizes that the automatic loss of Italian citizenship also implies the loss of European Union citizenship.
The court mentions a possible incompatibility with Article 20 of the Treaty on the Functioning of the European Union, pointing to the absence of individual assessment and proportionality criteria.
Hearing scheduled
The Constitutional Court The hearing is already scheduled for March 11, 2026. to rule on similar questions raised by other courts.
With the new submission from Campobasso, the Court will be able to decide whether to consolidate the cases into a single trial or to set a new date for joint review.
Carlos
February 12, 2026 at 10:26 am
Hopefully, it won't delay everything…