Italian citizenship: "Everything can go back to normal"; Court to decide in two months whether Tajani Law is constitutional.

The Constitutional Court of Italy will decide within two months, on March 11thThe question is whether the so-called Tajani Decree, now law, is in accordance with the country's Constitution. The law is considered the most restrictive ever applied to the process of recognizing Italian citizenship by descent. (iure saguinis).

The decision could alter the course of thousands of ongoing processes and directly impact the rights of Italian descendants worldwide. The law has been criticized for restricting access to citizenship and for applying retroactive effects to processes already initiated, such as in the case of people waiting in consular queues.

What is at stake

The trial will determine whether the limits imposed by the Italian government violate fundamental constitutional principles. The legal defense team consists of a group of jurists including Benedetta Ballatore, Giovanni Bonato, Giovanni Caridi, Alfonso Celotto, Diego Corapi, Riccardo De Simone, and Monica Lis Restanio.

Lawyers argue that the Tajani Law violates the principle of non-retroactivity of laws and that administrative regulations cannot restrict civil rights guaranteed by superior laws. The main argument maintains that the law does not have the legal force to suppress rights already established.

Government position

The Italian government, in turn, claims that the new rules are necessary to organize the growing flow of citizenship applications. According to the official argument, it is necessary to ensure that there is a genuine link between the applicant and the country.

Defense arguments

The defense argues that the Tajani Law violates articles 2, 3, and 117 of the Italian Constitution. The lawyers claim that the law creates an automatic and retroactive loss of an acquired right and conflicts with international treaties such as the Universal Declaration of Human Rights and the Treaty on European Union.

Legal uncertainty led a judge in Turin to suspend the original proceedings and refer the matter to the Constitutional Court.

In an interview with Italianism portal, one of the lawyers in the case, Giovanni BonatoHe detailed the progress of the process. He stated that the initial briefs were submitted in October 2025 and that the reply briefs must be submitted by February 19, 2026.

“Expectations are good, we are confident in our defense because the retroactive application of the decree is totally disproportionate and unreasonable,” Bonato stated. “It violates several constitutional principles, Article 2, Article 3, and numerous European Union regulations.”

Hearing date

Bonato also informed that the hearing is still scheduled for March 11th. The date will be maintained if... sentence from Mantua (Regarding the process of granting citizenship to minors born before the new law) for published in Official Gazette In the coming days. According to him, this publication is expected, but depends exclusively on the Court.

We cannot rule out new sentences"We'll see what happens, but in principle the hearing date will remain the same," said the lawyer.

He also highlighted that the Court tends to maintain consistency with previous decisions. According to Bonato, the ruling should follow the understanding of decision no. 142, of July 31, 2025, in which citizenship by descent was recognized as a right acquired at birth.

Possible scenarios

If the Constitutional Court declares the decree unconstitutional, the previous criteria for recognizing Italian citizenship by descent will have to be reinstated.

“The Court may annul the parts of the decree that apply to people born before the rule came into effect. With that, everything returns to normal from a legal standpoint,” Bonato stated. “Maternal lines should continue to be recognized judicially, and paternal lines can be established at the consulate or the comune.”

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Italian Constitutional Court unifies Mantua and Turin cases regarding the Tajani Decree.

Even with a possible annulment, the lawyer warns that the reorganization of the consulates could take time. He also does not rule out the possibility of the government issuing a new regulation, this time more aligned with the Constitution.

“After a declaration of unconstitutionality, it is possible that the government will adopt a different measure. It could, for example, open a period of one or two years, as has been done in other countries,” Bonato explained.

The lawyer concluded by stating that, given the current political climate, it is prudent to exercise caution.

"We know that this government doesn't like people of Italian descent. So, until there's a change of government, it's best to be cautious."