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The Constitutional Court Publishes Judgment No. 63/2026

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On April 30, 2026, the Italian Constitutional Court published Judgment No. 63/2026, a highly anticipated decision concerning the constitutional legitimacy of Article 3-bis of Law No. 91 of February 5, 1992. This article was introduced by Decree-Law No. 36 of March 28, 2025, and subsequently converted into Law No. 74 of May 23, 2025.

You can download the original Italian text here: https://italyget.com/wp-content/uploads/2026/04/mpdf.pdf

Core of the Decision

Judgment No. 63/2026 addresses the restrictive measures introduced by Law 74/2025, which significantly amended the requirements for the recognition of Italian citizenship by descent (iure sanguinis). The new legal framework introduced strict conditions, such as requiring that an ascendant possessed exclusively Italian citizenship or making a two-year residency in Italy mandatory, while establishing a cutoff date of March 27, 2025 for pending applications.

The Court examined the referral order of the Ordinary Court of Turin, which raised questions of constitutional legitimacy concerning, inter alia, the retroactive application of these restrictions and the potential violation of the principles of equality, reasonableness, and protection of legitimate expectations pursuant to Articles 2 and 3 of the Italian Constitution.

Upcoming In-Depth Analysis

Due to the complex nature of the judgment and its profound implications for current and prospective iure sanguinis applicants, our legal team is currently conducting a comprehensive review of the decision.

We will publish a detailed technical analysis of the Court’s findings in the coming days. This upcoming article will provide clear guidance on how the decision impacts the recognition of Italian citizenship by descent and outline the procedural steps to be taken.

Original Judgment

To read the full text of the judgment, please refer to the attached official document.


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