The Italian Constitutional Court will hold a historic hearing on Tuesday, June 24, to discuss the validity of the jus sanguinis without generational limits. The trial begins at 9:30 a.m. (local time) in Roma – 04:30 (Brasília time)–, and is based on a decision of the Bologna Court, published on November 26, 2024.
The Court will analyze whether Article 1 of Law No. 91 of February 5, 1992, which recognizes the Italian citizenship by descent without temporal limitation, is compatible with the country's constitutional principles. It is the first time that the issue has been examined by Italy's highest constitutional court.
What led to the hearing
The initiative came from the Bologna Court itself, in the so-called constitutionality incident, raised by a judge in an ordinary proceeding. The trial of the specific case was suspended to refer the matter to the Court.
Other courts — such as those of Roma, Milan and Florence — also interrupted similar processes, awaiting a definitive position from the Constitutional Court.
The Bologna case involves descendants of Italians who are requesting recognition of citizenship based solely on their ancestry, without any direct link to Italian territory or culture.
State absent from the process
Despite the importance of the case, the Italian State will not participate in the hearing. The Presidency of the Council of Ministers lost – or ignored – the legal deadline to present your allegations.
The absence drew attention, especially among jurists and associations that follow the issue, who consider this trial “the mother of all battles”.
How the hearing will work
- Public session in Rome
It will be held at the headquarters of the Constitutional Court. At least 11 of the 15 judges will participate — the quorum required for deliberation. The session will be broadcast live via the link vimeo.com/event/5208193. - Oral arguments of the parties
Lawyers for the applicants will present their arguments. Two legal associations linked to citizenship by descent have asked to intervene, but the Court has yet to decide whether they will be admitted. - Unified judgment
Four similar cases were grouped together in a single session. They all deal with the recognition of citizenship for descendants of Italians born outside Italy. - Reserved deliberation
After the hearing, the judges meet in a council chamber. Each one presents his or her position and the vote is taken. The decision will be made by a majority of those present. - Drafting of the sentence
The reporting judge prepares the draft decision, which is reviewed and signed by all participating judges. - Publication in the official gazette
The sentence will be announced in Official Gazette. This process can take from a few weeks to three months.
Questions and answers
1. What will the Constitutional Court judge?
The constitutionality of the principle of transmission of citizenship will be analyzed the right of blood, provided for in the Civil Code of 1865, in Law 555 of 1912 and in Law 91 of 1992. The action brings together four cases referred by courts in Bologna, Rome, Milan and Florence. The rapporteur will be Judge Emanuela Navarretta.
2. What will happen on June 24th?
The hearing will be public, with oral arguments from the parties. This is a formal act. All documents and briefs have already been submitted. There will be no discussion among the judges or voting on this day.
3. What is the outlook for the decision? When should it be announced?
The ruling should be released between 1 and 3 months after the session — that is, from July to September. There is confidence that the result will be favorable to maintaining citizenship by descent, based on fundamental rights. The content will be published directly on Official Gazette.
4. And what about Decree-36 that became law? What is the scenario?
The new Law 74/2025, which replaces DL 36, came into force less than a month ago. The Court may address the issue indirectly or reserve the analysis for future cases. It is expected that new actions, based on the recent legislation, will be sent to the Court in 2025.
5. Will the Court's decision have retroactive effect?
The Constitutional Court generally avoids applying broad retroactive effects. However, if the decision finds unconstitutionality, there may be a definition of a time frame or transitional rules. It is likely that rights already recognized will remain valid, but new claims may be affected depending on the final decision.
6. Can the June 24 judgment suspend all ongoing proceedings?
Not automatically. However, many courts have already decided to suspend proceedings pending the Court's decision. Depending on the outcome, the suspended proceedings may be resumed based on the new criteria established.
7. How to follow the trial?
The hearing will be broadcast live by the Constitutional Court via the Vimeo platform, in the video below. The session begins at 9:30 am (Rome local time).
9. Why is this trial considered historic?
This is the first time that the Constitutional Court has directly analyzed the validity of the jus sanguinis unrestricted. The decision could serve as a basis for legislative reforms and establish new paradigms on nationality in Italy.
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