La Foundation italiani.it presented an intervention to the Constitutional Court with the lawyer Andrea Lollo against the so-called Tajani Decree last March. The decree, amending the citizenship law for descendants of Italians around the world, introduced very restrictive rules for its recognition. Limiting its availability to those with Italian grandparents or parents. The Catanzaro court is expected to rule on December 15th. and could refer the decree to the Constitutional Court, which would then be called upon to rule on the legitimacy of this provision. This could overturn the "rejection" to the thousands and thousands of requests, particularly from Latin America but not only, that descendants of Italians living abroad have submitted to our country. Driven not only by belonging to a family of Italian origin, but also by the desire to reconnect with a world they feel a part of. This is due to culture, emotional ties, and even a sense of belonging to the country where their family roots lie. An "Italian feeling" that extends from one end of the world to the other, a country that has welcomed our migrants.
The appeal for the referral of the Tajani Decree to the Constitutional Court
The appeal, which sees the Italiani.it Foundation at the forefront (always committed – with the legal advice of the lawyer Carlofernando Parisi – on the front of citizenship requests of Italians born abroad with Italian ancestry), was presented by Professor of Constitutional Law and lawyer Andrea Lollo. Which underlined, among other things, theunconstitutionality of the law due to its retroactive effect. The Tajani decree would violate Articles 2 and 3 of the Italian Constitution. It would prevent interested parties from retaining a right they have already acquired without any possibility of appeal. It would also create discrimination between citizens who submitted their application before or after March 28, 2025, the date of publication in the Official Journal. Furthermore, the law would violate provisions regarding European citizenship.
From Law 91 of 1992 to the decree of last March
La The previous provision on the matter had been issued with law 91 of February 1992 which regulated the citizenship of Italians in the world mainly for right of blood or descentThe decree at issue in the appeal therefore comes more than thirty years after that law and was born, among other things, following complaints from many municipal administrations that had reported the impossibility, due to time and personnel constraints, of dealing with the large number of citizenship requests received in recent years. It perhaps also arises from need to regulate these requestsBy what criteria? This is one of the issues at the heart of the appeal by the Italiani.it Foundation. One fact remains: the entry into force of the Tajani decree has led to the interruption of all consular services, and blocked up to 90 percent of requests.
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