During a collective recognition process of Italian citizenship jure sanguinisThe Milan court has ordered the separation of the case of a minor, born in 2024, following the inclusion of a new request through "voluntary intervention"and the presentation of a question of constitutionality."
The minor, son of one of the applicants, had his request formalized on September 19, 2025. The judgment separating his analysis from the main process was issued on October 20, 2025.
New legislation under constitutional review.
The peculiarity of the case lies in the application of article 3-bis of Law 91/1992, introduced by Decree-Law 36/2025 — the so-called Tajani Decree — converted into Law 74/2025. The new rule restricts the recognition of Italian citizenship to people born abroad with dual citizenship, with retroactive effect.
Lawyer Claudia Santoro, who represents the minor, argued that "such a limitation violates constitutional principles, including equality and the non-retroactivity of the law, provided for in articles 3, 22, 48 and 77 of the Italian Constitution."
Given the complexity of the matter and the urgency in defining the main process, Judge Simona Concetta Coco ruled:
"The separation of the requests was determined ex officio, in order to allow a timely decision on the main appeal, with the postponement of the procedure [...] for analysis of the intervention request submitted on behalf of LMP"
The new hearing has been scheduled for July 13, 2026, when the Milan Court will again exclusively examine the minor's situation.
In her reasoning, the judge also cited a recent understanding from the Constitutional Court:
“With ruling no. 142, of July 31, 2025, the Constitutional Court declared the inadmissibility [of the issues] from the point of view of unreasonableness (or unreasonable disparity of treatment) and lack of proportionality, in relation to articles 1, 3 and 117 of the Constitution.”
It is worth remembering that the Italian Constitutional Court was called upon to judge a similar case, raised by the Court of Turin, which also questions the validity of the new article 3-bis of Law 91/1992. The hearing is scheduled to take place between February and March 2026.
Only the cases of the other family members are continuing.
Meanwhile, the main case — involving 12 applicants from the same family — was ruled in favor of the plaintiffs. The court recognized that... Italian citizenship of the descendants of the Italian born in 1845, based on the direct line of transmission, without interruptions.
The decision declared all applicants to be Italian citizens from birth and ordered the necessary entries to be made in the civil registry. Court costs were fully shared between the parties.
Future implications
The separation of the minor's case creates a relevant precedent. The isolated analysis of his situation, based on the new legislation, could impact other similar cases, especially those involving minors with dual nationality recently born abroad.
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