The Mantua Court in Italy has referred a case to the Constitutional Court challenging the new citizenship legislation. The case involves the refusal to transcribe the birth certificate of a minor not included in the ruling that recognized his mother'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 amended the rules of Italian citizenship.
Exclusion of minors and legitimate expectations
The lawyer responsible for the case, Maria Stella La Malfa, stated to the citizens' groups that the action raises several constitutional points, including the violation of the principle of legitimate expectation, since the main process had been initiated before the change in legislation.
In this specific case, it involves a single minor. However, the lawyer reported that she has filed other similar cases in different Italian courts, including cases in which siblings within the same family are treated unequally.
The case was filed in March 2024, tried in April 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.
Historic center of Canneto sull'Oglio, in Lombardy, where a minor was denied citizenship.
Based on the new law, the Comune of Canneto sull'Oglio refused to include the minor's name in the citizenship granted to his mother.
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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