Italy Roots and Routes

Another court has requested a review the Tajani decree - now we have cases in Mantua, Turin and Campobasso.

March 11, 2026 is the date to watch!

https://www.facebook.com/share/p/1GPGGWE3uT/

🚨 𝐍𝐄𝐖 𝐃𝐄𝐕𝐄𝐋𝐎𝐏𝐌𝐄𝐍𝐓 𝐈𝐍 𝐈𝐓𝐀𝐋𝐈𝐀𝐍 𝐂𝐈𝐓𝐈𝐙𝐄𝐍𝐒𝐇𝐈𝐏 𝐁𝐘 𝐃𝐄𝐒𝐂𝐄𝐍𝐓 - 𝐂𝐎𝐍𝐒𝐓𝐈𝐓𝐔𝐓𝐈𝐎𝐍𝐀𝐋 𝐂𝐎𝐔𝐑𝐓 𝐀𝐒𝐊𝐄𝐃 𝐓𝐎 𝐑𝐄𝐕𝐈𝐄𝐖 𝐓𝐇𝐄 𝐋𝐀𝐖 𝐀𝐆𝐀𝐈𝐍 ⚖️

The Ordinary Court of Campobasso has referred a new constitutional challenge concerning the Italian law that reformed the recognition of citizenship by descent (jus sanguinis). The court specifically questions the constitutionality of Article 3-bis of the Citizenship Law, introduced by Law No. 74/2025.

👩‍⚖️ 𝐖𝐡𝐚𝐭 𝐢𝐬 𝐛𝐞𝐢𝐧𝐠 𝐜𝐨𝐧𝐭𝐞𝐬𝐭𝐞𝐝?
According to the referring judge, this provision retroactively excludes individuals from recognition of Italian citizenship (if they didn't apply judicially or didn't get an appointment through the italian consulate before March 27, 2025) even though, under the previous legal framework, they would already have been entitled to obtain it.

📜 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐜𝐨𝐧𝐜𝐞𝐫𝐧𝐬 𝐫𝐚𝐢𝐬𝐞𝐝
In the court’s view, these new restrictions may conflict with fundamental constitutional principles, including:
• ⚖️ Equality
• 🧠 Reasonableness
• 🛡️ Protection of legitimate expectations
• 🚫 Prohibition of arbitrary deprivation of citizenship status

The measure is considered potentially harmful to rights that had already become established under prior legislation.

🏛️ 𝐍𝐨𝐭 𝐚𝐧 𝐢𝐬𝐨𝐥𝐚𝐭𝐞𝐝 𝐜𝐚𝐬𝐞
This case adds to two earlier referrals to the Italian Constitutional Court:
• 📍 One from the Court of Turin
• 📍 One from the Court of Mantua

Both raised similar constitutional concerns regarding the recent legislative amendments affecting citizenship by descent.

📅 𝐊𝐞𝐲 𝐝𝐚𝐭𝐞: 𝐌𝐚𝐫𝐜𝐡 𝟏𝟏, 𝟐𝟎𝟐𝟔
As a result of these multiple referrals, the Italian Constitutional Court has scheduled a public hearing for March 11, 2026. During that hearing, the Court will examine the constitutional legitimacy of the challenged provisions, with particular focus on Article 3-bis governing citizenship by descent.

🌍 𝐖𝐡𝐲 𝐭𝐡𝐢𝐬 𝐦𝐚𝐭𝐭𝐞𝐫𝐬
The Court’s decision will be highly significant for the future interpretation and application of the law. It may directly affect thousands of pending administrative and judicial proceedings before Italian consulates and courts worldwide, and could reshape how Italian citizenship is recognized for descendants of Italian nationals living abroad.

Guest Blog Post, written by yours truly...
https://bendlanguageinstitute.com/learning-italian/

I hope you enjoy!

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