Blood Is Not Water
DL 36/2025 and Italian Citizenship: Legal Challenges and the Role of Judicial Action
By Adriana Maria Ruggeri
DL 36/2025: Judicial Action as a Necessary Response - Profiles of Illegality and Unconstitutionality -
With the conversion of Decree-Law No. 36 of March 28, 2025 into Law, the legal framework concerning the recognition of Italian citizenship jure sanguinis has undergone a transformation. The decree introduces limitations, imposing restrictive criteria with retroactive effects, raising serious constitutional and legal concerns.
The Right to Citizenship: A Living, Not Immutable Principle
It is essential to remember that Italian citizenship law, like all laws, is not static but has been subject over time to numerous interventions — including judicial ones — that have expanded its scope. Many rights recognized today, particularly in cases of maternal descent or interrupted genealogical lines, have been secured thanks to the initiative of the courts and the advocacy of attorneys.
Law is not a rigid set of rules but a dynamic system that evolves in response to political, social, and cultural contexts. The law changes, it is interpreted, it is contested: it is always subject to revision, correction, and even to conflicts with the fundamental principles guaranteed by the Constitution.
For this reason, despite the entry into force of Decree-Law 36/2025, the judicial route remains open as a potential means to challenge exclusion from the right to Italian citizenship — particularly in cases where the new legislation blocks or restricts access to the administrative process compared to previous practice.
Profiles of Illegitimacy and Unconstitutionality in DL 36/2025
Among the main critical issues found in the decree, we highlight:
An important clarification concerns the so-called “1948 cases”, meaning those in which the Italian ancestor was a woman who gave birth to a child before January 1, 1948.
According to Attorney Adriana Coco Ruggeri, although such cases are formally included within the scope of Decree-Law 36/2025 — unless the lineage involves a "Parent" or "Great-Parent" as defined under the decree — it will be argued in court that these cases should not fall under the application of the new law, based on both substantive legal grounds and judicial precedent.
In fact, "1948 cases" have never been recognized by Italian consular or municipal authorities, as these administrative bodies have historically refused to apply the favorable interpretation of the Italian Supreme Court, beginning with the landmark ruling No. 4466/2009. Since the outset, these applicants have had no administrative recourse, and the only legal avenue available to them has been judicial proceedings, beginning — significantly late — only in 2009.
In this context, applying Decree-Law 36/2025 retroactively to these cases would result in an additional form of prejudice, deepening an already recognized gender-based inequality that the judiciary has progressively worked to redress.
Accordingly, the argument to be advanced in court will include:
Our Commitment to the “Minor Issue” Before the Italian Supreme Court
Another distinctive element of our firm is its commitment to the so-called "minor issue," referring to cases where citizenship is transmitted by Italian mothers who were minors at the time of the child's birth.
Our firm have addressed this matter before the Italian Supreme Court (corte di Cassazione) during the hearing held on April 1, 2025, obtaining an exceptional result:
The favorable opinion of the Public Prosecutor for the acceptance of the appeal.
Unfortunately, the ruling has not yet been published, but we believe this position confirms the strong legal foundation of our interpretation and sends a significant signal to all petitioners involved in similar cases.
The Firm’s Strategy: From Consulates to Courts
In light of all the above, Coco Ruggeri Law Associated has adopted a clear strategic position:
To convert into judicial actions all claims from individuals seeking recognition of citizenship who, due to the new decree, can no longer proceed through consular channels (plus 1948 cases).
This approach protects our clients’ rights and offers a concrete, legitimate alternative to assert their Italian heritage and acquire citizenship. Italian courts are not automatically bound to apply every law: in light of precedent rulings from the Court of Cassation and trial courts, and provided the laws are in line with constitutional and international (not only European) principles, the judiciary can resist and remedy legislative excesses.
Pursuing the judicial path, while not without risks, remains a viable and well-founded strategy. If the applicant's intent is sincere and determined, we have the legal tools and experience to take on the challenge.
An Experienced Guide in Italian Courtrooms
Attorney Adriana Ruggeri brings over thirty years of experience as a litigation attorney in Italy, with a career built directly before Italian Courts and Tribunals, including the Italian Supreme Court (Corte di Cassazione).
This deep procedural expertise within the Italian judicial system is a decisive advantage for those who now must turn to the courts as the only effective path to justice and recognition.
We don’t just process applications — we litigate for rights, in the venues where decisions are truly made.
Coco Ruggeri Law Associated – Defending your rights, wherever you are.
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With the conversion of Decree-Law No. 36 of March 28, 2025 into Law, the legal framework concerning the recognition of Italian citizenship jure sanguinis has undergone a transformation. The decree introduces limitations, imposing restrictive criteria with retroactive effects, raising serious constitutional and legal concerns.
The Right to Citizenship: A Living, Not Immutable Principle
It is essential to remember that Italian citizenship law, like all laws, is not static but has been subject over time to numerous interventions — including judicial ones — that have expanded its scope. Many rights recognized today, particularly in cases of maternal descent or interrupted genealogical lines, have been secured thanks to the initiative of the courts and the advocacy of attorneys.
Law is not a rigid set of rules but a dynamic system that evolves in response to political, social, and cultural contexts. The law changes, it is interpreted, it is contested: it is always subject to revision, correction, and even to conflicts with the fundamental principles guaranteed by the Constitution.
For this reason, despite the entry into force of Decree-Law 36/2025, the judicial route remains open as a potential means to challenge exclusion from the right to Italian citizenship — particularly in cases where the new legislation blocks or restricts access to the administrative process compared to previous practice.
Profiles of Illegitimacy and Unconstitutionality in DL 36/2025
Among the main critical issues found in the decree, we highlight:
- Retroactive application of new restrictions, in violation of the principle of non-retroactivity of laws that worsen legal positions (Art. 11 of the Preliminary Provisions);
- Conflicts with international treaties and EU norms, especially regarding the rights of descendants and the free movement of persons, based on the principle of proportionality;
- Disruption of jus sanguinis by decree, violating democratic principles;
- Abuse of emergency decree power (Art. 77 Const.): the subject matter does not meet the constitutional requirements of "necessity and urgency." This appears to be a political maneuver of structural restriction, masked as an emergency, which undermines protections and limits access to a fundamental right without the necessary parliamentary debate;
- Violation of Art. 3 of the Constitution (principle of equality): the new regulation creates unreasonable disparities between individuals within the same family, who now face different opportunities for acquiring citizenship solely based on arbitrary factors such as the timing of application or processing status. Siblings, cousins, or children of the same genealogical line are treated differently, in clear violation of substantial equality;
An important clarification concerns the so-called “1948 cases”, meaning those in which the Italian ancestor was a woman who gave birth to a child before January 1, 1948.
According to Attorney Adriana Coco Ruggeri, although such cases are formally included within the scope of Decree-Law 36/2025 — unless the lineage involves a "Parent" or "Great-Parent" as defined under the decree — it will be argued in court that these cases should not fall under the application of the new law, based on both substantive legal grounds and judicial precedent.
In fact, "1948 cases" have never been recognized by Italian consular or municipal authorities, as these administrative bodies have historically refused to apply the favorable interpretation of the Italian Supreme Court, beginning with the landmark ruling No. 4466/2009. Since the outset, these applicants have had no administrative recourse, and the only legal avenue available to them has been judicial proceedings, beginning — significantly late — only in 2009.
In this context, applying Decree-Law 36/2025 retroactively to these cases would result in an additional form of prejudice, deepening an already recognized gender-based inequality that the judiciary has progressively worked to redress.
Accordingly, the argument to be advanced in court will include:
- That “1948 cases” constitute a legally distinct category, separate from standard administrative citizenship claims;
- That judicial recognition has only been available since 2009, and therefore retroactive restrictions would constitute unfair and disproportionate harm;
- That the effect of the decree in these instances would be to reinforce a form of gender discrimination, already declared unconstitutional in spirit by prior rulings.
Our Commitment to the “Minor Issue” Before the Italian Supreme Court
Another distinctive element of our firm is its commitment to the so-called "minor issue," referring to cases where citizenship is transmitted by Italian mothers who were minors at the time of the child's birth.
Our firm have addressed this matter before the Italian Supreme Court (corte di Cassazione) during the hearing held on April 1, 2025, obtaining an exceptional result:
The favorable opinion of the Public Prosecutor for the acceptance of the appeal.
Unfortunately, the ruling has not yet been published, but we believe this position confirms the strong legal foundation of our interpretation and sends a significant signal to all petitioners involved in similar cases.
The Firm’s Strategy: From Consulates to Courts
In light of all the above, Coco Ruggeri Law Associated has adopted a clear strategic position:
To convert into judicial actions all claims from individuals seeking recognition of citizenship who, due to the new decree, can no longer proceed through consular channels (plus 1948 cases).
This approach protects our clients’ rights and offers a concrete, legitimate alternative to assert their Italian heritage and acquire citizenship. Italian courts are not automatically bound to apply every law: in light of precedent rulings from the Court of Cassation and trial courts, and provided the laws are in line with constitutional and international (not only European) principles, the judiciary can resist and remedy legislative excesses.
Pursuing the judicial path, while not without risks, remains a viable and well-founded strategy. If the applicant's intent is sincere and determined, we have the legal tools and experience to take on the challenge.
An Experienced Guide in Italian Courtrooms
Attorney Adriana Ruggeri brings over thirty years of experience as a litigation attorney in Italy, with a career built directly before Italian Courts and Tribunals, including the Italian Supreme Court (Corte di Cassazione).
This deep procedural expertise within the Italian judicial system is a decisive advantage for those who now must turn to the courts as the only effective path to justice and recognition.
We don’t just process applications — we litigate for rights, in the venues where decisions are truly made.
Coco Ruggeri Law Associated – Defending your rights, wherever you are.