The recent Italian reform related to the acquisition of Citizenship by blood is the object of increasing political and judicial debate.
With a recent order published on the Italian Official Gazette the Tribunal of Turin referred to the Constitutional Court the question of the constitutionality of Article 1 of Decree-Law 36/2025, converted in Law n. 74/2025.
The Tribunal noted that the Government had improperly introduced a “revocation of citizenship”, deemed incompatible with Articles 2, 3, 22, and 117(1) of the Constitution, especially since the legislature failed to provide a reasonable and adequate time frame to avoid the forfeiture effects introduced by the new rule.
The Tribunal stated: “The new provision essentially introduces a limitation on the status of citizen already acquired ab origine by individuals born abroad with an Italian ancestor. (…) Once it is established that, in the present case, the applicants were born Italian citizens, it must consequently be concluded that the legislation introduced by Decree-Law No. 36/2025 essentially creates a form of ‘implicit revocation’ of citizenship. Moreover, it constitutes a case of ‘retroactive revocation,’ insofar as the new rules apply to all cases that were not pending as of 11:59 p.m. on 27 March 2025 (the day preceding the entry into force of Decree-Law No. 36/2025).”
A ruling by the Italian Constitutional Court is expected in about one year.