On May 23, we attended an important legal conference at the University of Pavia focused on Decree-Law 36/2025 and the constitutional referral submitted by the judge in Bologna.
On stage, among several speakers, were the former President of the Court of Venice, Mr. Salvatore Laganà, and Associate Professor Sandro De Nardi (School of Constitutional Law, University of Padua), both of whom were heard by the First Commission of the Senate in early April regarding DL36 (see Hearings Underway in the Senate, April 25).
Associate Professor Jacopo Re (School of International Law, University of Milan “La Statale”) also took the floor with a structured presentation on international law principles, aiming to identify whether any obligation exists for a state to require a “genuine link” as a condition for citizenship.
Associate Professor Claudio Panzera (School of Constitutional Law, University of Reggio Calabria “Mediterranean”, also heard by the Senate in April) and Fabio Corvaja, full-term researcher at the School of Constitutional Law, University of Padua—who had published a detailed article on April 1 about the Bologna referral—contributed to the final debate session.
Here’s what emerged from the conference:
Although De Nardi welcomed the judicial referral to the Constitutional Court and Laganà acknowledged the need for reform—both expressing support for an urgent revision of the citizenship framework—they agreed that the adopted solution raises potential constitutional concerns.
In support of the urgency, Laganà cited a striking example: at the Court of Venice—which handles nearly 50% of all citizenship cases in Italy—monthly filings have dropped from around 2,000 to just a few dozen since the decree was issued two months ago at the time of writing.
However, most legal experts agreed that the method chosen by the government to address the phenomenon is constitutionally questionable.
Other speakers, who were not bound by prior institutional positions or public support for a court referral or legislative intervention, were more openly critical of the compatibility of the new Decree-Law (now officially converted into Law No. 74/2025) with constitutional principles and broader legal safeguards.
Key reflections and expectations:
- There’s broad consensus that the law raises serious constitutional concerns, particularly for its retroactive effects and the unclear “genuine link” requirement.
- Legal scholars expect the Constitutional Court will admit the case and may issue a ruling that affirms guiding principles and calls for more coherent legislative action.
- Some constitutional experts also expect the Court to auto-vest itself with the broader question of whether the decree itself is compatible with the Constitution—beyond the specific case referred by the Bologna judge.
- International law does not require a “genuine link” for citizenship by descent. Any such rule must be justified under Italian constitutional law, not external obligations.
- The need for reform is real—but it must be thoughtful, respectful of rights, and compliant with constitutional principles.
- One of the key observers closely following the case informally predicted that the Constitutional Court could issue its ruling within approximately 20 days from the hearing scheduled for June 24, 2025.
Read our response in the article Italian Citizenship Law DL-36 Is Converted – So Now What? addressed to our clients, including those who filed before, during, or after the DL36 transition.