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Monday, 16 March 2026

Italian Constitutional Court rules on Law 74/2025: how to read the March 12, 2026 press release — and what comes next

What the Italian Constitutional Court decided on Law 74/2025 in 2026

On March 11, 2026, the Italian Constitutional Court held a hearing on the constitutional challenge filed by the Turin Court against Law 74/2025 — the so-called “Decreto Tajani.”

The law, passed in March 2025, significantly restricted the conditions under which Italian citizenship can be recognized by descent (jure sanguinis). In the following day, March 12, 2026, the Court’s Press Office published a press release. The full decision, with complete legal reasoning and binding operative part, has not yet been filed.

What “not well-founded” and “inadmissible” actually mean (Italian Constitutional Court Law 74/2025, jure sanguinis 2026)

The press release reports two distinct legal outcomes. The difference between them is critical for understanding what actually happened.

Not well-founded

“I looked at your argument and I disagree.”
The question was examined on the merits and rejected. This is not a declaration that the law is constitutional.

Inadmissible

“We cannot answer this question as it was asked.”
The question was not examined on the merits at all. The challenge was procedurally defective — not substantively wrong.

In neither case has the Court said that Law 74/2025 is constitutional. It has decided that these specific arguments, framed in this specific way, did not succeed. That is a much narrower statement than many headlines are suggesting.

 

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Is the constitutional challenge to Law 74/2025 still alive?

Yes. Two other Italian courts have filed independent constitutional challenges on different and broader grounds. The outcome of the Turin hearing does not determine the outcome of either of these cases.

 

June 9, 2026 

Mantova Court: raised constitutional arguments that the Turin Court did not raise — on grounds not yet examined by the Constitutional Court. Hearing already scheduled.

Date TBD

Campobasso Court: filed two further independent challenges raising additional constitutional profiles. No hearing date has yet been set.
What the Italian Constitutional Court decided on Law 74/2025 in 2026

Why the Constitutional Court held separate hearings — and why it matters

The Italian Constitutional Court does not hold separate hearings on identical cases. On January 14, 2026, it had already scheduled the Mantova hearing for June 9. Before March 11 session, it had already decided not to move the Turin case to the same date — precisely because it had determined that whatever it decided on Turin would not resolve the Mantova questions.

That procedural choice is the Court’s own signal that these are two legally distinct cases. The June 9, 2026 hearing exists for a reason. It cannot be explained away by March 12 outcome.

Frequently asked questions about Law 74/2025 and the Constitutional Court ruling

Has the Italian Constitutional Court declared Law 74/2025 jure sanguinis in 2026 as constitutional? 

No. The Court did not issue a ruling on the constitutionality of Law 74/2025 as a whole. It found the specific questions raised by the Turin Court either not well-founded or inadmissible. Independent challenges from the Mantova and Campobasso courts remain pending.

What does “inadmissible” mean in an Italian constitutional challenge?

It means the Court did not examine the substance of the question because the challenge was procedurally defective. It is not a judgment on the content of the law — only on the form in which the question was brought before the Court.

When is the next hearing on Law 74/2025?

The Mantova Court’s challenge is scheduled to be heard on June 9, 2026. The Campobasso Court’s challenges have no hearing date yet set.

Does the Turin ruling affect the Mantova and Campobasso challenges?

No. These are independent challenges built on different constitutional arguments. The Constitutional Court itself has treated them as distinct cases by scheduling separate hearings.

When will the full written ruling on the Turin challenge be published?

The March 12, 2026 press release anticipates the operative part, but the full ruling with legal reasoning has not yet been filed. We will publish a complete analysis as soon as the written decision is available.

Can I still apply for Italian citizenship by descent (jure sanguinis)?

Law 74/2025 remains in force. The restrictions it introduced continue to apply. However, the legal landscape may change depending on the outcome of the June 9, 2026 Mantova hearing and the pending Campobasso challenges. We strongly recommend consulting a qualified Italian citizenship attorney before taking any action.

What is Law 74/2025 (Decreto Tajani)?

The Law 74/2025, informally known as the “Decreto Tajani,” is an Italian law passed in March 2025 that significantly restricted the recognition of Italian citizenship by descent (jure sanguinis). It imposed new limitations on who qualifies for citizenship through Italian ancestry, affecting applicants worldwide — particularly those with Italian great-grandparents or more remote ancestors.

This article is based on the Italian Constitutional Court press release dated March 12, 2026. It does not constitute legal advice. We will publish an update as soon as the full written ruling is filed.

Stay updated on Law 74/2025 and the jure sanguinis challenge: subscribe to our newsletter for legal updates, or check Aprigliano Law Firm if you have questions about your citizenship application.

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