The Constitutional Court has just rejected all four referrals submitted by the Courts of Bologna, Florence, Milan, and Rome. The Court explained that the questions raised were too broad and must be addressed by Parliament, not by the Constitutional Court itself. This fully confirms what we anticipated in our update of December 6, 2024 (read here).
Good news for our clients
For cases filed before March 28, 2025, the Constitutional Court has confirmed that no additional requirements can be imposed. The conditions suggested by the Bologna judge—such as proving Italian language proficiency, an intention to relocate to Italy, or other similar obligations—are not required by law and do not apply.
All cases that had been suspended by the courts (especially in Bologna, Florence, Milan, and Rome) must now continue and be decided solely on the basis of vital records.
Looking ahead: Turin referral
Our attention now turns to the next Constitutional Court hearing, yet to be scheduled, concerning the referral from the Court of Turin (Judge Alessandria). This case will examine whether it is constitutional to strip citizenship from individuals who were born Italian under the previous legal framework, through the mechanism introduced by Decree‑Law no. 36 of March 28, 2025.
According to this mechanism created by the Government, citizenship would be automatically lost solely for failing to act—such as not filing a petition in court, not applying through a Consulate, or not obtaining an appointment—by the deadline of March 28, 2025.
We expect the Constitutional Court to hold this hearing by next spring, as we anticipated in our May 26, 2025 update (read here).
The impact of today’s decision
Cases filed (still pending) before March 28, 2025
Today’s ruling has a direct impact on your case. No additional requirements beyond proof of lineage (birth from an Italian parent). Suspended cases must now proceed and be decided on this basis alone.
Cases filed after March 28, 2025
No direct impact from today’s ruling. These cases will depend on the future Constitutional Court decision in the Turin referral. Nonetheless, the statement from the Court (page 16) reasserts the fundamental principle that to be born to or legally adopted by an Italian parent is the sole condition required to be an Italian citizen. This is an important indicator of how the Court may approach the upcoming Turin case.
Further updates
Today’s decision is long and complex. We will analyze it carefully and provide further updates soon.