On Wednesday, September 17, the Gazzetta Ufficiale published the ruling from the Turin Court that directly challenged the constitutionality of Decree-Law No. 36/2025 before the Italian Constitutional Court.
This publication marks the beginning of a legal proceeding that could potentially overturn the decree and its imposed restrictions on the right to Italian citizenship.
What happened?
In June 2025, the Turin Court accepted a petition filed by AGIS (Associazione Giuristi Iure Sanguinis) in collaboration with AUCI (Avvocati Uniti per la Cittadinanza Italiana), contesting the changes introduced by Decree-Law No. 36/2025, which had placed new limitations on citizenship rights.
The petition raised concerns about the constitutionality of these changes, defending the rights of eight Venezuelan applicants of Italian descent who had submitted their citizenship requests under the new legal requirements.
📆 Expected timeline for final hearing: A decision is anticipated between late January and March 2026.
Take advantage of specialized assistance to secure your passport for a borderless future.
What’s next?
✅ Memoria di costituzione (written defenses) – All involved attorneys have 20 days to submit their written arguments to the Court. Associations and public entities with legal interest may also intervene during this period.
✅ Appointment of the Giudice Relatore – A judge will be designated as the case’s rapporteur, responsible for compiling a report with facts, legal arguments, and reasoning.
✅ Public hearing – At the start of the hearing, the rapporteur will present the report. Attorneys will argue their positions orally, and the Italian government will be officially represented by the Avvocatura dello Stato. Judges may pose questions during the session.
✅ Final briefs and replies – Leading up to the hearing, both parties may submit final briefs or responses to arguments raised.
✅ Deliberation and ruling – After the hearing concludes, the Court will meet in private to deliberate. The final decision will then be published in the Gazzetta Ufficiale.
What does it mean?
Throughout the year, several rulings and opinions have addressed the constitutionality of Decree-Law No. 36/2025. This case adds another layer of legal scrutiny. The Italian Constitutional Court has already reaffirmed that individuals of Italian descent are entitled to citizenship by blood.
By the end of March 2026, a definitive ruling may be issued. While the outcome remains uncertain, this decision could nullify the decree and restore citizenship rights to thousands of descendants affected by the recent legislative changes.
