BREAKING NEWS: Italian Citizenship Law Challenged at European Level

Lausanne, Switzerland – The Comites di Losanna (Committees for Italians Abroad in Lausanne, Switzerland) has formally challenged Italy's new citizenship law, specifically Article 3 bis of Law 91 of 1992, as modified by Law Decree 36/2025 and converted into Law n.74/2025. Letters expressing these concerns have been sent to the General Directorate of Justice of the European Commission in Brussels, Belgium, and to the Commissioner of Human Rights of the Council of Europe in Strasbourg, France. Additional letters were also dispatched to the Italian Presidency of the Council of Ministers, the Italian Minister of the Interior, and the General Council of Italians Abroad (CGIE).

Michele Scala, president of the Comites di Losanna, explains that this article stipulates that individuals born abroad with another citizenship will be considered to have never acquired Italian citizenship, with limited exceptions. These exceptions include those who submitted an administrative or judicial application by midnight on March 27, 2025, and those with a parent, adoptive parent, or grandparent possessing exclusively Italian citizenship.

In a statement to news agency AISE, Scala described the newly approved legislation as "unfair and discriminatory." He emphasized the particular impact on descendants of Italians residing in other European countries who have consistently maintained strong ties with Italy, its institutions, and their ancestral territories.

Scala argues that this new law infringes upon the principle of equality, thereby violating the Italian Constitution, European Law, and fundamental human rights, as covered by European Union fundamental rights articles and the European Charter of Human Rights dispositions.

Specifically, Scala cites Article 22 of the Italian Constitution, which states, "No one may be deprived, for political reasons, of their legal capacity, citizenship, or name." He further elaborates, "Italian law, from the Unification to the present day, has always recognized citizenship jure sanguinis. Therefore, it is this natural fact itself that forms the basis for rights like legal capacity and citizenship. The loss of a natural right inherent in the descendants of Italian citizens cannot be imposed by a law."

Furthermore, Scala referenced Articles 3, 8, and 14 of the Italian Constitution, highlighting violations of the principle of equality due to the disparity between citizens with and without dual citizenship, the protection of family and personal life, and the prohibition of discrimination. He also asserted that the law contravenes the European Convention on Nationality of 1997, specifically the right not to become stateless and the principle of non-discriminatory effectiveness.

The Comites di Losanna contends that the automatic loss of Italian citizenship would consequently lead to the automatic loss of European citizenship. This, they argue, directly affects fundamental freedoms protected by EU law, such as freedom of movement, the right to work, and consular protection.

The letter also emphasizes the potential violation of the principle of proportionality, a core principle admitted by the European Union Court of Justice jurisprudence, and a breach of the best interests of European citizens, an EU principle also recognized in Article 24.2 of the EU Fundamental Rights Charter regarding the protection of the child.

Based on these arguments, President Scala has formally requested the initiation of a verification procedure to ascertain the constitutionality and compatibility of the new legislation with established human rights. He also advocates for the automatic recognition of citizenship for those who have begun the procedure or possess documentation proving their right.

Scala concluded his letter by stating, "Citizenship is not just a bureaucratic act. It is the recognition of a deep bond with our national history. To break it means to deny an essential part of our collective identity."

As an elected representative for Italians abroad, the Comites di Losanna is authorized to challenge the new law. While lacking direct legal power, its strategy involves leveraging its standing with European institutions to add weight and political pressure to the formal constitutional challenges already underway within Italy's court system.