Italy’s Court of Cassation meets in April, and first-instance courts already uphold citizenship rights with no generational limits.
The community of Italian descendants around the world was disappointed by a press release issued by the Italian Constitutional Court on March 12. The day before, the Court had held a public hearing to examine the constitutionality of Italy’s new citizenship law, which restricted iure sanguinis recognition to only the children and grandchildren of Italian citizens. The statement indicated that some of the questions raised by the Turin Court were deemed non fondate (unfounded) and others inammissibili (inadmissible). Yet experts are clear: the debate is far from over.
Without the full ruling, real impact remains unclear
The Constitutional Court has yet to publish the full written ruling. “The press release is a summary note that anticipates the outcome but does not present the legal reasoning behind it,” explains David Manzini, CEO of Nostrali Cidadania Italiana. Without the complete text, it is impossible to assess which arguments were examined, the reasoning adopted by the justices, or the actual scope of the decision.
“We do not know whether the analysis was broad or limited to the specific case referred by the Turin Court. It is also impossible to determine how this position will be applied and what impact it will have on other ongoing cases,” Manzini warns. In his view, “the debate over the constitutionality of the Italian citizenship law remains active and evolving.”
Court of Cassation steps in this April
On April 14, the Sezioni Unite of Italy’s Court of Cassation will hold a hearing on the matter. Unlike the Constitutional Court, which examines the validity of laws, the Cassation Court defines how laws must be interpreted and applied by Italian courts, aiming for uniformity. “Its decisions directly guide the judiciary and have an immediate impact on ongoing proceedings,” Manzini explains.
“Even without a final ruling on the constitutional level, the Cassation’s interpretation can bring relevant practical guidance, concretely shaping the course of thousands of pending cases,” the Nostrali CEO emphasizes.
Constitutional Court revisits the issue in June
On June 9, the Italian Constitutional Court will hold a new hearing, examining cases from the Courts of Mantova and Campobasso. “It will be a new opportunity for the Court to rule on the new legislation from a different angle,” says Manzini. The inclusion of the Campobasso ordinanzas was confirmed recently, broadening the scope of the debate and enabling a more comprehensive judicial review.
Debate may reach European courts
The discussion may also go beyond Italy’s borders. According to Manzini, “there is a possibility that the matter will be brought before international bodies, such as the European Court of Human Rights.” This would place the issue under the lens of European-level rights protection, opening new legal avenues for Italian descendants worldwide.
First-instance courts already rule in favor
In March, courts in Venice and Brescia issued favorable rulings for Italian descendants, setting aside the generational restrictions of the new law. The Brescia judge found that the new law contradicts the status civitatis, a substantive legal norm, and must comply with Article 11 of the Italian Civil Code. “When the law does not explicitly provide for retroactivity, a new rule cannot override rights that were already established before it came into force,” Manzini explains.
In the Venice case, the judge did not even reference the new law. “She decided based on living law, following the consolidated understanding in Italian courts that citizenship is an original, imprescriptible right transmitted by blood,” the expert notes. The rulings may still be challenged by the Ministero dell’Interno, which Manzini views as a positive development: “the issue then moves to the higher courts for discussion.”
“These rulings signal that courts — even at the first instance — can help protect rights that were already established, regardless of when the cases were filed. They are technically robust arguments that open a real path for many families. The message is clear. The right is still alive.” — David Manzini, CEO of Nostrali Cidadania Italiana
Event Info
- Nostrali Cidadania Italiana: https://www.nostrali.com.br/
- Sezioni Unite hearing – Court of Cassation: April 14, 2026
- New hearing – Italian Constitutional Court: June 9, 2026
- Italian Constitutional Court may overturn citizenship law
- Italy’s Senate moves citizenship filings to Rome in 2029
