Italian courts aligned; change unlikely, says Bonato

"The two Italian Supreme Courts are well aligned on the legal nature of citizenship and both maintain a favorable stance towards descendants." This statement comes from the lawyer and law professor. Giovanni Bonato, one of the defenders of the action that challenges the changes in legislation arising from the Tajani Decree and who also represented people of Italian descent in the Constitutional Court, along with other lawyers.

In an interview with Italianism, Bonato said he believes there will be coherence between decision no. 142, issued by the Constitutional Court in July 2025, and the trial that should be scheduled for February or March 2026, which will analyze the retroactivity of the new law.

For him, the rule contradicts fundamental principles of the Constitution, such as equality and reasonableness, and should be declared unconstitutional in the part that affects those born before March 28, 2025. "It's difficult to have a change of perspective in a few months, especially because the Court's judges will be the same," he said.

Check out the interview:

The Court stated that citizenship jure sanguinis is permanent, imprescriptible, and independent of any territorial ties with Italy, precisely the opposite of what is provided for in the new Law 74/2025. In your view, would it be possible for the Court to issue different decisions on the same topic in a short period of time?

Everything indicates that there will be consistency between Decision No. 142 of July 31, 2025, and the future ruling on Law No. 74/2025. The Constitutional Court sided with the unanimous position of the Court of Cassation, establishing that citizenship by descent is acquired at birth. It is unlikely that this perspective will change in a few months, especially since the Court's judges will also be the same in February 2026.

The rapporteur of the case emphasized that the Court's role is to ensure that laws comply with fundamental principles of the Italian Constitution, such as equality, reasonableness, and non-discrimination. How do you assess this stance, especially in light of recent reforms?

The Court emphasized that the legislature has the power to change citizenship law, as long as the principles of reasonableness and proportionality are respected. Now, the question is: is the retroactivity of Law No. 74/2025 reasonable and proportionate under the Italian Constitution? In my view, it is unreasonable, and everything indicates that the Court will also declare the aforementioned law unconstitutional insofar as it applies to those born before March 28, 2025.

What weight does this decision have in Italian jurisprudence? Does it set a strong precedent or still leave room for divergent interpretations?

This decision has a very relevant weight, because now the Constitutional Court has made it very clear that Italian citizenship is acquired at birth, and the status civitatis is permanent and imprescriptible. Therefore, the two Italian Supreme Courts are well aligned on the legal nature of citizenship, and both have a favorable stance toward descendants.

The Court's decision actually paves a solid legal path to challenge the new law of Italian citizenship in the next trials, as in the case raised by the Turin Court?

We, the defense attorneys in the Turin case, called once again to act before the Constitutional Court in relation to the Tajani Decree (Benedetta Ballatore, Giovanni Bonato, Giovanni Caridi, Diego Corapi, Riccardo De Simone and Monica Restanio), have great hope and great confidence in the work of the Constitutional Court.

The year 2025 has been marked by measures seen as hostile to people of Italian descent, such as the 600-euro fee, the high cost of historical certificates, and the hasty approval of decrees and laws. In your opinion, will Justice Tajani intensify this movement, or will there be a retreat in light of the Court's decision?

Yes, 2025 was an “annus horribilis” in Italian citizenshipThe Government's intention to paralyze the recognition of the Italian citizenship with economic barriers, such as the exorbitant and discriminatory increase in court fees, the cost of issuing the "antenato" certificate, and unconstitutional and retroactive measures. Indeed, it is possible that the government could adopt a new restrictive measure, this time more legitimate. For example, a new decree could grant a one-year period to file new lawsuits and create a transitional regime for adults, as was done for minors by Law No. 74/2025.

Could this Court decision, or the eventual decision in the Turin case, change the government's political calculations regarding people of Italian descent, or is the conflict likely to continue?

We know that senior officials at the Foreign Ministry, who control the consulates, have always been hostile to citizenship by descent. However, we can expect a change in the government's stance toward descendants, especially if Tajani steps down as leader of the Forza Italia party. This will also depend on Berlusconi's two children (Marina and Piersilvio). It's possible that the Berlusconis will stop supporting Tajani.

Do you believe there will be a significant review of the content of the current Law 74/2025, either due to political pressure or the risk of further legal defeats?

In my view, before the Constitutional Court's ruling on Law No. 74/2025, there will be no new decree-law.

There is much talk about the risk of centralizing processes in Roma, in an independent body, which, in practice, could allow the government to keep these cases in limbo indefinitely, as in the case of the Trentino residents. How do you assess this possible move?

I'm a little wary of the new developments coming from the Italian government. My fear is that this new agency could delay and further bureaucratize processes. The risk is that everything will be stalled for years and years, just as happened with the Trentino residents.

The Portuguese courts declared recent changes to its immigration law unconstitutional, arguing that the rule violated human rights and human dignity. In your opinion, does this decision reinforce the idea that European constitutional courts have prioritized the protection of historical and fundamental rights?

This decision by the Portuguese Court confirms that justice in Europe is independent and increases confidence in the Italian Constitutional Court.

Can this decision by Portugal somehow legally strengthen the defense in the Torino case, or is it just an inspiring example with no direct practical effect?

Portugal's decision may give more confidence to its Italian colleagues, yes.

There's widespread concern about minor children needing to be registered. However, there's much talk about citizenship granted by law, not by blood right. What's your take on this specific point?

This is another absurd measure by the Italian government. Anyone of Italian descent is a citizen by birth. The granting of citizenship by legal benefit is a legal ploy to limit the transmission of Italian status. However, if the Tajani Decree is no longer retroactive, minors born before March 28th will also be Italian by birth.

What message do you have for parents who are concerned about the legal security of their children's citizenship registration?

Once again, we must trust the Italian justice system. The system will once again respect the rights of all descendants, and the Constitutional Court's ruling is expected in March 2026. For those born before March 28th, I feel comfortable with our victory. However, for those born after March 28th, the issue is more complex, as the legislature has the power to modify citizenship rules in the future. The fight continues.