Breaking: The Tribunal of Mantova Challenges the "Retroactive Limit"
- Guillermo Iso
- 1 hour ago
- 2 min read
And Courts Are Still Saying "Yes"
Date: January 15, 2026
Topic: Constitutional Court Ordinance n. 26C00004 , Retroactive Limit
Author: Avvocato Stablito Guillermo Iso
While many applicants are panicking over the recent restrictions introduced by Decree Law 36/2025, a critical battle line has just been drawn in the Italian courts.
On January 14, 2026, the Gazzetta Ufficiale published Ordinance n. 26C00004, originating from the Tribunal of Mantova.
This is the news we have been waiting for. The Tribunal has officially referred a question of constitutionality to the Constitutional Court regarding the new Article 3-bis. Specifically, they are challenging the retroactive application of these limits, arguing that stripping citizenship rights from those who were born before the law changed may violate fundamental constitutional principles (Articles 3, 22, and 117).
This means the "closed door" of the new law is now being battered down by the judges themselves.
But the Courts Are Still Open
The most important news isn't just the challenge; it's that judges across Italy are continuing to recognize citizenship despite the Decree Law while this challenge is pending.
While we cannot list every victory here, below is a sample of recent rulings that illustrate how the courts are siding with our arguments.
The "Messina" Precedent: In a landmark ruling, the Court of Messina recently approved a Viamonde client's petition that was filed after the new Decree Law went into effect. The line extended four generations—technically beyond the new limits. The judge approved the citizenship, effectively ignoring the restrictive interpretation of the new law.
The "Reggio Calabria" Victory: On November 13th, the Court of Reggio Calabria granted Italian citizenship to a family tracing their lineage back four generations to a Calabrian ancestor. This was a complex "1948 Case" (Maternal Line), yet it resulted in full recognition for applicants across the second, third, and fourth generations.
The Next Battle: March 11, 2026
We are not just watching the news; we are making it.
The Constitutional Court has set the hearing date for March 11, 2026. Viamonde will be in the room. Our lead attorney, Avvocato Alberto Lama, will be personally arguing for the rights of descendants, challenging the retroactivity of these laws and defending the "possession of status" that makes you Italian.
The Viamonde Strategy: "Constitutional-Proofing"
We are using this window to build "Intervention Packets" for our clients. We are incorporating the specific legal points raised by the Tribunal of Mantova into our own court briefs in Rome, Venice, and Naples.
Do not pull your application. If you withdraw now, you lose your place in line. The successes in Messina and Reggio Calabria prove that the only losing strategy is doing nothing.