The teacher Nicola Brutti, from the University of Padua, warned that the Italian Constitutional Court may be signaling possible unconstitutionality in the new citizenship legislation. The analysis stems from the sentence 142, published this Thursday, the 31st, which confirms that Italian citizenship is transmitted through descent, without the need for a direct territorial link to Italy.
The new rule, known as the Tajani Decree, was established by the decree-law of March 28, 2025 and converted into Law 74/2025. It replaces the 1992 legislation and significantly changes the rules for the recognition of citizenship by descent (jure sanguinis).
According to Brutti, who is part of the defense group Agis At the Constitutional Court, the decision did not directly address the new law, as it was not part of the judgment. However, he sees evidence that the new criteria may contradict the Constitution.
Reform under review by the Court
The Constitutional Court must judge the validity of the reform by February 2026. The analysis was prompted by question raised by the Turin Court. Brutti says the new requirements are “much more restrictive, even punitive.”
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
Among the changes, the most notable is the requirement that the parent exclusively hold Italian citizenship and have resided in Italy for two consecutive years before the child's birth. According to him, this imposes significant limitations, including for minors.
“While the old processes continue under the previous law, future ones will depend on the criteria of the new decree, which imposes significant restrictions even for minors,” he says.
Risks of constitutional and European violations
For the jurist, there are at least two points in the ruling that reveal the Court's concern. The first addresses the constitutional principles of pluralism and protection of minorities. The second addresses European law, which prohibits the automatic and collective loss of citizenship, without considering individual impacts.
Brutti also points out that the decree attempts to retroactively strip citizenship from descendants born abroad, based on the ancestor's lack of exclusively Italian citizenship. The measure, he says, may be incompatible with European Union treaties, particularly the principles of proportionality and reasonableness.
Expectation for 2026
The expectation is that the ruling will bring more clarity to the criteria for granting citizenship by blood. Until then, the Court's interpretation and constitutional foundations remain a reference for legal scholars and communities of Italian descent in Brazil and abroad.
