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Citizenship

The Turin case had weaknesses, and the debate over Italian citizenship continues, say lawyers.

Lawyers point out weaknesses in the Turin case and say that the debate over Italian citizenship continues.

Lawyers following the proceedings point out that the case had legal weaknesses and was filed hastily.
Lawyers following the proceedings point out that the case had legal weaknesses and was filed hastily.

The decision of the Italian Constitutional Court which rejected the questioning presented by the Court of Turin The decision against Decree-Law No. 36 of 2025 should not be interpreted as the end of the discussion on the reform of Italian citizenship.

The court released only a statement with the outcome of the trial. The full reasoning behind the sentence has not yet been published.

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Without the full text of the decision, lawyers say it is not yet possible to understand precisely which arguments were decisive in the outcome.

Weaknesses in the Turin case

Lawyers following the cases related to the citizenship decree point out that the case analyzed by the Court had legal limitations.

According to a lawyer interviewed by Italianismo, who requested anonymity, the injunction was filed hastily and with weak grounds.

"Everything indicates that the procedure was very poorly conducted. It was presented hastily, with weak foundations and without convincingly demonstrating the alleged violation of Article 3 of the Constitution," he said.

Another lawyer also highlighted the moment when the issue was brought before the Constitutional Court.

“The timing was noteworthy. The order was issued practically on the eve of the new law coming into effect, which was probably not well received by the Court,” he explained.

Haste and strategy may have been factors.

Among lawyers, there is also criticism of the strategy adopted in handling the case.

A third lawyer stated that the attempt to expedite the trial may have harmed the legal discussion.

"They wanted to anticipate the issue and present the case almost immediately, possibly to gain prominence. Many lawyers seek this prominence to attract clients," the lawyer stated.

According to him, the strategy may have had negative effects on other processes.

“This ended up harming a lot of people, because several appeals were filed after the law changed, and many of them may be rejected now. If the Court's understanding changes in the future, it will be necessary to file new lawsuits,” he explained.

The decision does not end the discussion.

Despite Turin rejecting the challenge, legal experts say the debate over the constitutionality of the decree is still open.

"The decision appears to be linked to the specific problems of the Turin case and not necessarily to the merits of the discussion as a whole," said one of the lawyers.

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This means that other processes could still bring the issue back to the Constitutional Court for analysis.

Other cases will still be analyzed.

Among the cases that are still to be judged is the one presented by the Court of Mantua, considered by experts to be more comprehensive and with a more robust legal basis.

"There are other rulings, such as that of Mantua, which are much better grounded and could still lead to a new analysis of the issue," said one of the lawyers.

Expectations now turn to the upcoming trials, the first of which... scheduled for June 9th...and for the publication of the full Constitutional Court ruling, which should be released in a few weeks.

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