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Citizenship

Italian citizenship could see a new wave of legal action, says professor from the University of Padua.

A professor at the University of Padua warns of an increase in Italian citizenship applications following the Court's decision.

The decision by the Italian Constitutional Court may produce exactly the opposite of what the government expected, says Professor Bruno Barel of the University of Padua.
The decision by the Italian Constitutional Court may produce exactly the opposite of what the government expected, says Professor Bruno Barel of the University of Padua.

The decision by the Italian Constitutional Court to validate the new restrictions on Italian citizenship by descent could trigger a new surge in lawsuits in the country. This warning was issued by Professor [Name]. Bruno Barel, a specialist in European Union Law from the University of Padua, in statements published by the newspaper Il Gazzettino in this Saturday's edition, May 9th.

According to the legal expert, the reform approved by the Italian government may not reduce litigation involving Italian citizenship. "It will increase even more," he told the newspaper, commenting on the landscape of lawsuits related to recognition by descent (jure sanguinis).

Bruno Barel's analysis was published in a study from the scientific journal Eurojus and gained prominence in a report written by journalist Angela Pederiva. The professor points out that several aspects of the new legislation could generate new legal disputes and divergent interpretations in Italian courts.

Venice court handles 33 cases.

According to a report in the Venetian newspaper, the Venice Court currently has approximately "33.000 pending cases" related to the recognition of Italian citizenship through paternal or maternal descent.

The number is considered one of the highest in Italy and mainly reflects the strong demand from Italian descendants living abroad, especially in South America.

According to Bruno Barel, the new legislation is not expected to quickly halt this flow of lawsuits. On the contrary, the professor believes that the changes approved by the government may open the door to new legal appeals.

The most vulnerable point of the reform

The main focus of concern involves procedures initiated before March 27, 2025.

The legislation maintained previous rules for administrative and judicial processes that were already underway at that date. For Bruno Barel, this section of the rule represents a possible "Trojan horse of reform".

According to the professor, quoted by the Italian newspaper, there is a huge variety of situations among the applicants.

Some descendants had already received consular appointments. Others were awaiting administrative notification. There are also legal proceedings at different stages.

According to the expert, this diversity could create a "difficult-to-control situation" for the Italian public administration and fuel a new wave of litigation.

Reform may not achieve its immediate objective.

One of the justifications used by the Italian government to tighten citizenship rules was precisely the attempt to reduce the number of lawsuits related to recognition by descent (jure sanguinis).

However, Bruno Barel believes the effect could be different.

According to the report, the professor stated that the reform "will not, in concrete terms, at least in the short or medium term, have the desired effect of circumscribing and reducing litigation in matters of citizenship."

The observation gained widespread attention because the decision of the Constitutional Court It had been interpreted by some in the government as an important step to contain the growth of lawsuits.

Legal debate continues in Italy.

The report published this Saturday shows that the discussion about Italian citizenship continues intensely in Italian legal circles.

Experts continue to debate the limits of the new interpretation adopted by the Constitutional Court, especially in relation to the so-called "principle of effectiveness" of citizenship.

The concept argues that citizens should have a concrete connection to Italy, including cultural and territorial ties, and participation in the national community.

The new interpretation represents a significant change from the historical model of Italian citizenship by descent, traditionally based on jus sanguinis without a strict generational limitation.

Impact worries descendants abroad

This issue directly affects thousands of Italian descendants who have ongoing legal proceedings in Italian courts or are awaiting administrative review.

Brazil and Argentina are home to some of the largest communities of natives of the world and are among the countries most impacted by recent changes.

The expectation now is how Italian courts will interpret the cases of descendants who had already initiated procedures for recognition of Italian citizenship before the legislative change. The discussion involves applicants who did not remain inactive and who may have been harmed primarily by the administrative delays of the Italian State itself.

According to Il Gazzettino, the situation is still far from definitively resolved, and the trend suggests that legal disputes involving Italian citizenship will continue in the coming years.

1 Comment

1 Comment

  1. Ricardo Xavier de Souza

    May 9 from 2026 at 17: 49

    If the processes already existed, then they won't increase. Professor friend from USP. THE CAPITAL OF ITALY IS ROME.

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