The Constitutional Court of Italy declared, on March 7, 2025, the unconstitutionality of the requirement to prove intermediate knowledge of the Italian language for foreigners applying for citizenship through marriage or naturalization, when it comes to people with disabilities, serious illnesses or advanced age.
The decision, based on the sentence no. 25, was announced by the Court's Communication and Press Service.
According to the official statement, the rule that makes obtaining citizenship conditional on proof of Italian language skills violates the principle of equality provided for in the Italian Constitution. The requirement is considered disproportionate for foreigners with severe learning disabilities, duly proven by medical certificates issued by the public health system.
Equality and inclusion
The decision responds to an appeal filed by the Regional Administrative Court of Emilia-Romagna, which questioned the legitimacy of Article 9.1 of Law No. 91 of 1992. This article had been amended by the Security Decree of 2018, which made proof of a B1 level of Italian mandatory in order to obtain citizenship.
The Court argued that the rule violates the constitutional principles of formal and substantive equality. Imposing a language test on everyone, without exceptions, ignores the reality of people in vulnerable situations, generating an indirect form of discrimination. Furthermore, the requirement contravenes the legal principle "Ad impossibilia nemo tenetur" — no one can be forced to do the impossible.
Practical effects of the decision
With the ruling, Italy will have to adapt its legislation to exempt foreigners who, due to documented limitations, are unable to learn Italian from the language test.
The decision could pave the way for more inclusive regulation, ensuring fairer access to citizenship for people with disabilities and other vulnerable groups.
Read the full sentence here: CONSTITUTIONAL COURT
