The Mantua Court in Italy has referred a case to the Constitutional Court challenging the new citizenship legislation. The case involves refusal to transcribe a minor's registration not included in the sentence that recognized his family's citizenship. The decision could have a broad effect and impact hundreds of similar cases..
The minor was born before the entry into force of Law No. 74, of May 23, 2025, which changed the rules of Italian citizenship.
Discrimination between siblings and legitimate expectations
The lawyer in charge of the case, Maria Stella La Malfa, said that the action raises several constitutional points, including the discrimination between siblings from the same family — one recognized as a citizen, the other not — and the violation of the principle of legitimate expectations, since the main process had been initiated before the change in legislation.
The case was filed in March 2024, tried in May 2025, and reached a final judgment in June. Since the minor was not included in the original case, the municipality of Canneto sull'Oglio refused to transcribe it, based on the new wording of Article 3-bis of Law No. 91 of 1992.
Connection with the Turin case
Mantova's ruling follows a similar one currently pending in the Turin Court, which also challenges the constitutionality of the same law. It is not yet clear whether the two cases will be heard jointly, but there is a possibility of a connection, as has occurred in previous rulings.
The Constitutional Court will have to assess whether the exclusion of minors born before the new rule violates rights provided for in the Italian Constitution, such as equality among citizens, child protection and international treaties signed by Italy.
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