On November 26, 2024, the Court of Bologna raised a question of constitutional legitimacy concerning the recognition of Italian citizenship jure sanguinis for descendants of Italian citizens born abroad (the so called “oriundi”).
The judge questioned the compatibility of the Italian citizenship law with Articles 1, 3, and 117 of the Constitution.
According to the Court of Bologna, the current citizenship law may be incompatible with the definitions of “people” and “citizenship” as derived from the Italian Constitution.
Furthermore, the judge argued that granting citizenship to the oriundi may violate the principle of equality, as it entails differential treatment compared to that of foreign nationals residing in Italy that appears unjustifiable.The judge also supported the potential unconstitutionality of the law by referring to Articles 9 of TEU and 20 of the TFEU, which govern EU citizenship, as well as the principle of genuine link, established in the Nottebohm judgment of the International Court of Justice.
The hearing in front of the Constitutional Court is expected to take place in late June 2025.