Italy: Constitutional Court hears new challenges to the Law 74/2025 citizenship cap (9 June 2026); Cassazione minor-issue ruling awaited

What is happening

On 9 June 2026 Italy's Constitutional Court heard referral orders from the Courts of Mantua (no. 4/2026) and Campobasso (nos. 40/2026 and 41/2026) challenging Article 3-bis of Law 91/1992 (as introduced by Decree-Law 36/2025, converted by Law 74/2025) - in particular its retroactive effect on people born before the reform and the fairness of the consular-appointment safeguard cut-off. No decision was issued at the hearing; a ruling is pending.

Background and what to watch

This follows Constitutional Court Judgment no. 63/2026 (deposited 30 April 2026), which upheld the reform's two-generation cap. Separately, the Court of Cassation Sezioni Unite heard the 'minor issue' appeals on 14 April 2026 and its decision is still awaited, while Cassazione order no. 13818 (12 May 2026) reaffirmed jure sanguinis as a primary right. These developments are informational; current eligibility (the 2-generation cap and exclusivity) is unchanged pending any new ruling.

Source

Attorney analysis of the 9 June 2026 hearing at ItalyGet. Verify against official Corte Costituzionale and Corte di Cassazione publications.