The new Italian citizenship law (Law 74/2025), which introduced significant changes to citizenship regulations, has created considerable uncertainty. This is especially true for families with minor children born abroad whose parents have only recently been recognized as Italian citizens. In this context, an ordinance from the Court of Mantua, issued on October 24, 2025, marks a pivotal moment in the ongoing legal debate.
The Legal Principle at the Heart of the Debate
The legal analysis of the case hinges on a fundamental principle: a new law should not retroactively undermine a subjective right already perfected, such as citizenship by descent (*iure sanguinis*), which is acquired at birth. The Court of Mantua’s ordinance embraces this view, reinforcing it with legal arguments that the new regulation has constitutional flaws, particularly regarding its retroactive application. For a deeper dive into this topic, see our article on the constitutional challenge to the citizenship law.
Analysis of the Ordinance: Key Points
To grasp the decision’s importance, it’s useful to analyze how the Court of Mantua examined Law 74/2025. The case involved a Civil Status Officer’s refusal to register the birth certificate of a minor born in Brazil to a mother whose Italian citizenship was recognized by a court. The municipality’s decision was based on a literal reading of the new law, which imposes new conditions and deadlines for recognition.
The Court, however, took a different approach, raising three main constitutional questions.
1. The “Implicit Revocation” Argument (Violation of Art. 22 of the Constitution)
The ordinance’s central point is its interpretation of the law’s effects. While the legislator frames it as a “failure to acquire,” the Court of Mantua identifies an “implicit revocation” of an already acquired status. Article 22 of the Italian Constitution states: “No one may be deprived, for political reasons, of legal capacity, citizenship, or name.” The judges interpret “political reasons” broadly to include “public interest” arguments used by the Government to justify the new Italian citizenship law (like managing application backlogs). The ordinance posits that citizenship, acquired at birth, is a fundamental right and cannot be withdrawn for political or administrative convenience.
2. The “Arbitrary Deadlines” Argument (Violation of Art. 3 of the Constitution)
Secondly, the Court highlights the law’s potential unreasonableness. Article 3 of the Constitution guarantees equality and protects citizens’ “legitimate expectation” in legal stability. The new law, the judges argue, creates discrimination: two individuals born before its enactment in the same situation are treated differently based on an arbitrary application deadline (March 27, 2025). This issue is critical when registering a minor under the new law. According to the Court, this undermines the legitimate expectation of those who, already citizens by birth, trusted they could request formal recognition at any time.
3. The “Legislative Method” Argument (Violation of Arts. 72 and 77 of the Constitution)
Finally, the ordinance questions the method of the law’s introduction. The Government used a Decree-Law, an instrument for “extraordinary necessity and urgency.” The Court of Mantua argues that a fundamental matter like citizenship, which defines the nation’s people and affects the electorate, should be subject to a parliamentary legislative reserve, requiring a full parliamentary debate. The Government’s reasons—overloaded consulates and courts—do not, in the judges’ view, constitute the unforeseeable urgency justifying an emergency decree.
An Emerging Jurisprudential Trend
It is noteworthy that the Court of Mantua’s position is not unique. A similar case is pending before the Court of Turin. A legal trend is emerging that questions the new legislation’s sustainability. The final word will come from the Constitutional Court, but the foundations of the new Italian citizenship law are now under intense judicial scrutiny. You can read more about the core of this topic in our article explaining the Italian citizenship and minor issue.
The judicial petition was filed by Avv. Alfonso Celotto and Avv. Maria Stella La Malfa.
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