On March 11, Italy’s Constitutional Court will rule on Law 74/2025, which limited citizenship by descent, amid allegations of unconstitutionality.
The hearing could redefine the fate of millions of Italian descendants worldwide. Law 74/2025, enacted in May 2025, restricted iure sanguinis (citizenship by blood) only to children and grandchildren of Italians with sole Italian citizenship, ending the previous unlimited generational recognition.
The trial and the principle of non-retroactivity
The case reached the Court after Judge Fabrizio Alessandria from the Turin Court accepted a constitutional challenge. According to specialist David Manzini, CEO of Nostrali Cidadania Italiana, the key issue lies in the law’s retroactive effects. “The new rules revoke a previously consolidated right, which clearly violates the Italian Constitution,” he said.
Global impact and possible outcomes
If declared unconstitutional, the Court’s decision could force Parliament to revise or repeal the law. The ruling would be binding for all courts, potentially restoring citizenship to millions of descendants, especially in Brazil and Argentina, and requiring reexamination of rejected applications.
The Constitutional Court and judicial path
Established in 1956, Italy’s Constitutional Court consists of 15 judges and serves as the guardian of the 1948 Constitution. For Manzini, pursuing legal recognition remains the safest path. “Those who begin the process earlier tend to achieve recognition sooner,” he noted.
Photo: Nostrali Cidadania Italiana.
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