The recent decision by Portugal's Constitutional Court, which deemed parts of the new immigration law unconstitutional, is being seen as a positive sign for Italian descendants who are awaiting a decision in Italy on the future of citizenship by ius sanguinis.
On August 8, the Portuguese president Marcelo Rebelo de Sousa vetoed changes approved in July by Parliament, following the understanding of the Constitutional Court. The court found violations of principles such as equality, proportionality, legal certainty, the right to family unity, and access to justice.
The decision in Portugal reinforces the perception that European constitutional courts prioritize the protection of historical and constitutional rights.
To Daniel Taddone, advisor to the General Council of Italians Abroad (CGIE) and president of the association Natitaliani, the Portuguese episode shows the importance of effective constitutional control.
“The center-right government of Portugal, inspired by the anti-foreigner wave sweeping Europe, wanted to trample on some constitutional principles and was duly stopped by the Constitutional Court, which had been provoked by the President of the Republic, Marcelo Rebelo de Sousa,” he told Italianism.
Parallel with the trial in Italy
The measure returns the text to the National Assembly for adjustments, preserving fundamental guarantees and limiting restrictions on the rights of foreigners. Among the points barred are the prohibition of family reunification and the limitation of legal appeals for immigrants.
Taddone compares the Portuguese situation with the Italian one. "In Italy, unfortunately, constitutional review doesn't work the same way, and President Sergio Mattarella disappointed us by signing the Decree of Shame twice."
The Portuguese case serves as a moral reference for the analysis that the Italian Constitutional Court must carry out by the beginning of next year, involving the compatibility of Law No. 74/2025 and the Tajani Decree with the Constitution.
Expectations in communities abroad
For Taddone, the hope is that Italian magistrates will follow the example seen in Lisbon.
"I have faith and confidence that the Italian Constitutional Court will not shirk its obligations, as happened in Portugal. There are judges in Lisbon, and there will also be in Rome," he added.
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