Italian citizenship by the principle of jus sanguinis (right of blood) without a time limit is being contested in different courts in Italy.
After Bologna, in the Emilia-Romagna region of northern Italy, the courts of Milan and Florence also forwarded questions to the Constitutional Court.
In the case of Milan, honorary judge Laura Agata Crosignani, in a ruling issued on March 3, 2025 (RG 26393/2023), decided to suspend a process for the recognition of Italian citizenship for seven Uruguayan descendants. (see sentence below).
The court asks the Constitutional Court to declare the illegitimacy of the legal provisions that guarantee the transmission of Italian citizenship by descent, without generational limit, including Article 4 of the Civil Code of 1865, Article 1 of Law No. 555/1912 and Article 1 of Law No. 91/1992.
Last case
The Bologna Court had already forwarded a similar request to the Constitutional Court on November 25, 2024. The president of the court, Pasquale Liccardo, announced the decision to review the constitutionality of the jus sanguinis Italian.
Lawyer Marco Mellone, representing those interested in the Milan case, stated — in a press release — who is also participating in the Bologna case alongside colleagues Antonio Cattaneo and Antonazzo. In the Milan case, Mellone is working alongside lawyer Graciela Cerulli.
The case of Florence
During a meeting of jurists held in Florence on Friday (14), it was announced that the Court of Florence also raised a request for the unconstitutionality of ius sanguinis.
There is still no confirmation as to whether the Constitutional Court will jointly analyze the three cases at the hearing scheduled for June 24, 2025.
The expectation is that the hearing will not be postponed. “In any case, it is hoped that the hearing will not be postponed (and I will even act in this regard) since many Italian courts (and many interested parties) are awaiting the Court’s ruling,” said lawyer Marco Mellone.
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