A legal maneuver by the Italian government could change the course of the so-called "Torino Case"—the first lawsuit challenging the new Italian citizenship law in the Constitutional Court.
According to unofficial information, the Avvocatura dello Stato—the body that legally represents the government—requested that the case be dismissed. It claims the petition was filed one day before the law came into effect. Decree-Law No. 36 of 2025.
If accepted, the measure would, at least temporarily, prevent the Court from analyzing the merits of the case. In other words, it would no longer assess the legitimacy of the rule that restricts the recognition of citizenship by right of blood (ius sanguinis).
Government legal strategy
According to Giovanni Bonato, one of the seven lawyers on the case, this type of defense was expected.
"The defense was predictable, and it's customary to raise procedural exceptions. Therefore, they challenge the admissibility of the case, alleging lack of relevance and the absence of manifest unconstitutionality," he explained.
The government maintains that the lawsuit was filed on March 28, while the decree only took effect on the 29th. Therefore, the new rules would not apply to the case. Bonato, however, sees a contradiction.
"It's an inconsistent difference, because the decree clearly states that the new rule applies to those who filed after March 28th. Therefore, it's an inconsistent defense," he stated.
In fact, the text of Decree-Law No. 36 determines that its effects came into effect at midnight on March 27th to 28th — which contradicts the thesis presented by the government.
Bonato adds that other similar actions are already being prepared.
"In any case, we know this and are filing new requests for referral to the Constitutional Court. It was predictable. The attorney's record isn't very solid. It's not bad; it's a standard, classic defense, but it doesn't seem to me to present insurmountable arguments."
If the Turin case is dismissed, other cases will follow a similar path, such as the cases already underway in Bologna and Milan.
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