By Avv. Michele Vitale - italyget.com

A legal challenge has been filed against the key ministerial circular that guides the application of the new citizenship rules for minors. This appeal, now before the Regional Administrative Court (TAR) of Lazio, targets the Ministry of the Interior's circular no. 26185 and questions the very terminology used to define the new path to citizenship for children born abroad. I would like to thank u/CakeByThe0cean for bringing this news to my attention.

The Core of the Controversy: What is "Benefit of Law"?

As many are aware, Law no. 74 of May 23, 2025, transformed the process for acquiring citizenship. It ended the automatic recognition for minors born abroad to Italian parents, replacing it with a system requiring a formal declaration and residency.

Shortly after, the Ministry issued its circular to guide civil status offices. The central argument of the new appeal is that this circular invented a new citizenship category—"by benefit of law" (per beneficio di legge)—which does not exist in the legislative text. While the term is not in the law, it's not entirely new; it has been used by legal scholars to describe acquisitions that require an active choice. The 2025 reform essentially moved minors born abroad into this category.

Key Arguments of the Appeal

The legal challenge is built on three main pillars:

1. Lack of Legislative Basis: The appellants argue the circular imposes limits not found in the law. This is a challenging argument, as the main requirements (the declaration and residency) were introduced by Law 74/2025 itself.
2. Violation of Constitutional Principles: This is the strongest point. The appeal claims the new system violates fundamental rights and equality. This is less a critique of the circular and more a direct challenge to the law's constitutionality, an issue already raised by other courts, including the recent constitutional challenge from the Court of Mantua.
3. Unconstitutional Retroactivity: The appeal highlights the risk of applying new, restrictive rules to cases that were established under the old system. The Court of Campobasso has already ruled against this for pending applications.

What's the Real Target: The Circular or the Law?

This is the crucial question. The TAR's jurisdiction is over administrative acts like circulars, not parliamentary laws. The power to strike down a law as unconstitutional belongs exclusively to the Constitutional Court.

Since the most significant issues stem from the law itself, the TAR has three likely paths forward in the hearing scheduled for November 12, 2025:

• Scenario 1: Dismissal. The court could rule that the complaints are about the law, not the circular, and dismiss the case.
• Scenario 2: Partial Annulment. The court could strike down minor parts of the circular that may have overstepped the law, but leave its core intact.
• Scenario 3: Referral to the Constitutional Court. The most impactful outcome. The TAR could agree that the case raises serious constitutional questions about the new law's constitutional legitimacy and refer the entire matter to the higher court.

This hearing is a critical development in the ongoing legal battle over the future of jure sanguinis citizenship in Italy. We will be watching the outcome closely.

Frequently Asked Questions (FAQ)

What is the core issue of the Italian citizenship law appeal at the TAR?

The appeal challenges the Ministry of the Interior's circular no. 26185, which provides instructions on Law 74/2025. The appellants argue that the circular improperly created a new category of citizenship called 'by benefit of law' (per beneficio di legge) that has no basis in the actual text of the law passed by Parliament.

Is this legal challenge against the new citizenship law itself?

Not directly. The appeal is aimed at the administrative circular, not the primary law. However, the strongest arguments—such as violations of constitutional principles—are fundamentally criticisms of Law 74/2025. This could lead the administrative court (TAR) to refer the underlying law to Italy's Constitutional Court for a final ruling.

What are the possible outcomes of this TAR hearing?

There are three main scenarios for the hearing on November 12, 2025: 1) The TAR could dismiss the appeal, finding the issue lies with the law, not the circular. 2) It could partially accept the appeal, annulling only specific parts of the circular. 3) It could refer the case to the Constitutional Court, acknowledging that the law itself may be unconstitutional.

For more news, detailed analysis and consultations, check out my blog at italyget.com.

source: Cittadinanza italiana: un ricorso per tutelare i diritti dei minori nati all’estero da cittadini italiani – Studio legale PSC