Italian Citizenship Law 74/25: Debate Continues

Why Didn't the Constitutional Court's Ruling End the Debate?

Italy's Constitutional Court issued Sentenza 63/26, confirming that Law 74/25 does not violate the Italian Constitution. However, legal experts stress that constitutional validity is only one layer of the dispute. The practical scope of the reform still depends on further rulings from Italian courts and, critically, the Court of Justice of the European Union (CJEU).

What Did Law 74/25 Actually Change?

Law 74/25 is the biggest overhaul of Italian citizenship rules since Law 91/1992. It introduced new criteria for transmitting citizenship by descent (iure sanguinis) to people born outside Italy. For decades, Italian courts — led by the Corte di Cassazione — had treated iure sanguinis as an original, declaratory right that was imprescriptible and protected from administrative obstacles. The new law disrupts that settled understanding.

Why Does the EU Dimension Matter for Descendants?

Italian citizenship automatically grants EU citizenship, including the right to live, work and move freely across all 27 member states. Because the reform limits who can claim Italian nationality, legal challenges now argue that EU principles — proportionality, legal certainty and effective judicial protection — must also be respected. This pulls the debate beyond Italian domestic law into European Union law.

What Are the Courts Currently Deciding?

According to Mariane Baroni, legal director at Master Cidadania, an agency specializing in European citizenship processes, there is now an institutional dialogue between three bodies: the Corte Constituzionale, the Corte di Cassazione and the CJEU. "The Constitutional Court's decision answered only the constitutional analysis of Law 74/25. That does not mean all legal questions are resolved," she explains. New judicial decisions at both Italian and European levels will be decisive in determining how the law is applied in practice.

What Should Applicants Do Right Now?

Experts recommend monitoring court developments closely before drawing final conclusions about eligibility. Cases filed before Law 74/25 entered into force may be treated differently from new applications, and the interplay between Italian and EU law is still being defined.