The two cases from Campobasso questioning the restriction on Italian citizenship by descent have officially reached the Constitutional Court. The rulings were officially published on the court's website.
These are the records. n. 40 e n. 41 of 2026, both originating in the Ordinary Court of Campobasso, in actions against the Ministry of the InteriorThe orders are dated February 9th and 6th, 2026.
With the arrival of cases at the Court, the internal processing phase begins, with distribution to a reporting judge and presentation of statements from the parties.
Subsequently, the Court schedules the hearing, which may be public, and the date will be published in the court's official calendar.
After deliberation, a decision will be issued. The result will then be published in the Gazzetta Ufficiale della Repubblica Italiana, at which point the decision will take effect in the Italian legal system.
Questioning Law 91/1992
O The Campobasso court raised the issue of unconstitutionality. against article 3-bis of Law 91/1992, included by Law 74/2025.
The rule requires that applications for recognition of Italian citizenship by descent (jure sanguinis) be submitted by March 27, 2025.
According to Judge Claudia Carissimi, the rule retroactively limits the recognition of citizenship for people already born, which may contradict constitutional and European principles.
The decision states that the measure represents a "substantial revocation of a right already acquired."
Acquired right and automatic loss
The court states that the new rule does not only prevent new recognitions. According to the court, it removes a status assigned at birth.
The decision cites case law from the United Sections of the Court of Cassation, SSUU 25318/2022. The understanding reaffirms that citizenship by birth is permanent and imprescriptible, with loss only through voluntary renunciation.
According to the Court, Article 3-bis would constitute an automatic loss for those who have not yet obtained formal recognition.
Date of birth and European citizenship criteria
The decision also questions the use of the filing date as an exclusion criterion.
According to the court, the criterion creates unequal treatment between people in identical situations, based on factors such as bureaucratic or economic limitations.
The Court also points out that the loss of Italian citizenship implies the loss of European Union citizenship, without an individual proportionality analysis, in possible violation of Article 20 of the Treaty on the Functioning of the European Union.
Impact on national judgment
The issue reaches the Court on the eve of hearing scheduled for March 11 2026, in Rome.
During the session, another lawsuit challenging Article 3-bis, originating from the Turin court, will be analyzed.
