The Constitutional Court Has Published Judgment No. 63/2026

On April 30, 2026, the Italian Constitutional Court published Judgment No. 63/2026 — a long-awaited ruling regarding 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

The Court’s ruling is significant for several key reasons. First, it affirms that the 2025 reform restricting the transmission of citizenship jure sanguinis does not breach constitutional principles. The Court determined that Parliament holds the authority to revise the rules for citizenship recognition, provided that such modifications remain reasonable and proportionate.

Second, the Court confirmed that the distinction between descendants who initiated claims before and after the reform took effect is not arbitrary. The transitional safeguard clauses, in the Court’s assessment, adequately protect those who took formal steps prior to the statutory cutoff.

However, the Court did not deliver a definitive answer regarding what constitutes a sufficient “concrete step” under the transitional provisions. This question — specifically whether a Prenot@mi screenshot or booking attempt qualifies — remains open and has been referred to the United Sections of the Court of Cassation.

The decision brings both clarity and procedural complexity: clarity regarding the domestic constitutional legitimacy of the statutory framework, and complexity regarding its practical application to thousands of ongoing claims.