The Italian Constitutional Court declared partly unfounded and partly inadmissible the questions of constitutional legitimacy raised by the Tribunal of Turin concerning Article 1 of Decree-Law No. 36/2025 (Italy), as converted into Law No. 74/2025 (Italy), which sets out “urgent provisions on citizenship.”
The Italian Constitutional Court held to be unfounded the objections raised by the Tribunal of Turin under Article 3 of the Italian Constitution. The referring court had argued, on the one hand, that the distinction between individuals who applied for recognition of citizenship before 28 March 2025 and those who applied after that date was arbitrary; and, on the other, that the provision infringed vested rights, allegedly resulting in an “implicit revocation of citizenship with retroactive effect and in the absence of any transitional regime.”
The Court also rejected as unfounded the question raised in relation to Article 9 of the Treaty on European Union and Article 20 of the Treaty on the Functioning of the European Union, which confer Union citizenship on anyone holding the nationality of a Member State.
Furthermore, the Court declared inadmissible the question alleging a violation of Article 15(2) of the Universal Declaration of Human Rights (1948), which provides that “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”
Finally, the Court found inadmissible the question raised with reference to Article 3(2) of Protocol No. 4 to the European Convention on Human Rights, according to which “no one shall be deprived of the right to enter the territory of the State of which he is a national.”