On November 12th, the Lazio Regional Administrative Court (TAR Lazio), in Rome, will hear an appeal against the Circular No. 26185, issued by the Ministry of the Interior on May 28, 2025.
The appeal was filed by the office Studio Legale Pinelli Schifani & Caronia, representing Confederation of Italians in the World (CIM).
The case discusses the effects of the new legislation on Italian citizenship for minors born abroad, following the approval of Law No. 74/2025, which amended Law No. 91/1992.
The circular, which was the subject of the challenge, introduced the expression “Italian by benefit of law” to describe the children of Italians who, under the new rules, would only obtain citizenship upon formal declaration by their parents and residence in Italian territory.
Accusation of undue creation of category
The appeal's central focus is the accusation that the Ministry created, without legal basis, a new citizenship category never provided for by current legislation. Lawyers say the measure represents undue administrative interference that affects the fundamental rights of thousands of Italian families living abroad.
According to lawyers at Studio Pinelli Schifani & Caronia, the new interpretation could cause “concrete harm to the civil, academic and social life” of minors, by hindering or delaying the recognition of their citizenship.
The term "benefit of law," used in the circular, is considered by the defense to be an administrative invention, since Law No. 91/1992 does not provide for such a classification. Although the term exists in legal doctrine for some cases, its use to categorize children of Italians born abroad would be inappropriate and legally fragile.
Request for cancellation and immediate suspension
The appeal filed with TAR Lazio requests three main actions:
- The annulment of the circular, in the part where it introduces the category “Italian by benefit of law”;
- The immediate precautionary suspension of the effectiveness of the rule, to prevent its application by city halls and consulates;
- The referral to the Constitutional Court, on suspicion of violation of articles 2, 3 and 117 of the Italian Constitution, which deal with fundamental rights, equality and international commitments.
Possible outcomes of the trial
The TAR's role is to judge illegitimate administrative acts, not laws. Therefore, the decision will depend on how the court interprets the circular's function:
- Filing or inadmissibility: the TAR may understand that the objection should be directed to the law, and not to the circular.
- Partial acceptance: the court may annul sections of the circular that go beyond the legal content.
- Referral to the Constitutional Court: if it understands that the law raises doubts about its constitutional validity, the TAR can refer the case to the Constitutional Court, as already happened in Turin and Mantua.
The November 12th hearing will be decisive for thousands of families seeking recognition of their children's Italian citizenship by descent, that is, jure sanguinis.
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