Italian citizenship law, founded on the principle of ius sanguinis (right of blood), is undergoing significant legal debate. Between November 2024 and January 2025, two parallel constitutional challenges—one from the Campobasso Prosecutor’s Office and another from Judge Gattuso of the Bologna Tribunal—have questioned this fundamental pillar of Italian law.
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The Campobasso Prosecutor’s Challenge
The Prosecutor’s Office raised four main objections to the current law:
1. Weakening of the “Popolo” Concept
The Prosecutor argues that citizenship should reflect a tangible connection with the Italian State. The current system, which allows citizenship acquisition solely based on descent, risks diluting the constitutional concept of “popolo” (people). An emblematic example cited is that of a Brazilian with just one Italian great-grandparent who can vote in Italian elections without ever having visited the country.
2. Violation of International Law
Citing the 1955 Nottebohm case, the Prosecutor argues that citizenship requires a “genuine link” with the state, not just ancestry. This principle, established by the International Court of Justice, emphasizes the importance of a substantial connection between the individual and the State.
3. EU Law Issues
The automatic acquisition of European citizenship through Italian citizenship raises concerns about potential exploitation of EU freedoms. The Prosecutor cites the Tjebbes case from the EU Court of Justice, which emphasizes the importance of maintaining an effective link with the member state.
4. Unequal Treatment
A significant disparity is highlighted between naturalization requirements (which demand residency, language knowledge, and integration) and acquisition by descent, which requires no cultural or linguistic connection to Italy.
The Campobasso Judges’ Response
The judges unanimously rejected the objections, basing their decision on three fundamental pillars:
- Legislative Competence: They emphasized that defining citizenship criteria is the exclusive competence of Parliament.
- Validity of Blood Ties: Citing Supreme Court ruling no. 25317/2022, they affirmed that blood ties constitute a valid “historical bond.”
- Limited Democratic Impact: They minimized concerns about electoral influence, highlighting the low voter turnout among Italians abroad (26%) and the limited number of overseas parliamentarians (12 out of 600).
Historical Context
The current law is deeply rooted in Italian history:
- Post-unification emigration (1861-1914) saw over 14 million Italians leave the country.
- The 1992 citizenship law (Law 91) confirmed ius sanguinis without generational limits.
- Since 2001, Italians abroad can vote by mail.
- There are four overseas constituencies electing 12 parliamentarians.
Future Prospects
The Constitutional Court is likely to reject the Bologna challenge as well, leaving any decision to modify the law to Parliament. However, considering that in over 150 years of Italian State history no government has seriously questioned ius sanguinis, significant changes seem unlikely in the short term.
For a more complete legal analysis of the prosecutor’s legal arguments check this post.