In an effort to try to keep the sub's feed clear, any discussion/questions related to DL36-L74/2025 and the suite of other proposed bills currently in Parliament will be contained in a weekly discussion post.

Click here to see all of the prior discussion posts.

---

Background

On March 28, 2025, the Consiglio dei Ministri announced massive changes to JS, including imposing a generational limit and residency requirements (DL 36/2025). These changes to the law went into effect at 12am CET earlier that day.

An amended version of DL 36/2025 was signed into law on May 23, 2025 (legge no. 74/2025).

---

Relevant Posts

• Masterpost of statements from avvocati
• European Court of Justice/International Court of Justice Case Law Analysis as it relates to DL 36/2025
• 1948 Cases and DL36-L74

---

Current Court Challenges

Corte Costituzionale

• DL36-L74 constitutional challenges:
  • Officially Referred:
    • Torino - retroactivity, EU citizenship law, fairness: Corte Costituzionale March 11 Livestream Watch Party
    • Mantova - within the context of "beneficio di legge" minor children: citizenship is a right from birth, deprivation of voting rights and legislative representation, etc.:
      • Breaking: Also The Court of Mantua Raises Today Constitutional Challenge on the New Citizenship Law for Minors
      • A Second Glimpse of Constitutional Scrutiny of Decree - Law 36/20205 Court of Mantua
    • Campobasso (first) - political motives and procedural abuse:
      • Third Corte Costituzionale Referral About DL36/L74 (this time from Campobasso!)
      • Campobasso third Constitutional Court Referral: Full Text and Analysis
    • Campobasso (second) - similar to first Campobasso referral:
      • 4th Corte Costituzionale Referral About DL36/L74
  • Current Status:
    • Torino case was unsuccessful and the current regime still stands
      • Full ruling (Italian)
      • Full ruling (English)
      • Attorney reactions to Corte Costituzionale ruling 63/2026
    • Awaiting outcome from Mantova and both Campobasso hearing on June 9, 2026
      • Hearing Watch Party
      • Avv. Vitale's Recap and Transcript

Tribunale Amministrativo Regionale (TAR)

• DL36-L74 administrative challenges:
  • “Benefit of Law”: A Category Invented by circular 26185? The Lazio TAR Decides on November 12th
  • Current Status: Dismissed due to TAR not being the appropriate venue
    • Sentenza n. 4681/2026 was released on March 13, 2026

Corte di Cassazione

• Pre-DL minor issue cases:
  • The Minor Issue is headed to the Sezioni Unite at the Corte Suprema di Cassazione!
  • Communication from Monica Restanio Lex Law Firm Regarding the pending proceedings before the Joint Sections (Sezioni Unite) of the Italian Supreme Court of Cassation, concerning the so-called “Minor Issue”
  • Current Status: awaiting outcome from April 14, 2026 hearing
• Ministry Challenging Pre-Unification JS at the Cassazione
  • Current Status: hearing date set for October 29, 2026
• The First Section of the Corte Suprema di Cassazione Rules in Favor of Pre-DL ATQ Case!

---

Parliamentary Proceedings

Senate

• Atto Senato n. 1683
  • This is the bill moving JS applications to a central office, which previously passed in the Chamber of Deputies as DDL 2369 (see here).
  • Current status: passed on January 14, 2026

No movement since April 2025:

• Atto Senato n. 98
• Atto Senato n. 295
• Atto Senato n. 752
• Atto Senato n. 919
• Atto Senato n. 1211
• Atto Senato n. 1450

Chamber of Deputies

• None at the moment

---

FAQ

• If I submitted my application or filed my case before March 28, am I affected by DL36-L74/2025?
  • No. Your application/case will be evaluated by the law at the time of your submission/filing. Booking an appointment before March 28, 2025 and attending that same appointment after March 28, 2025 will also be evaluated under the old law.
• Has the minor issue been fixed with DL36-L74/2025?
  • No, and those who are eligible to be evaluated under the old law are still subject to the minor issue as well. You can’t skip a generation either, the subsequently released circolare specifies that if the line was broken before, it’s not fixed now.
  • See here for the latest on the minor issue.
• Can I qualify through a GGP/GGGP if my parent/grandparent gets recognized?
  • No. The law now requires that your Italian parent or grandparent must have been exclusively Italian when you were born (or when they died, if they died before you were born). So, if your parent or grandparent were recognized today, it wouldn’t help you because they weren’t exclusively Italian when you were born.
• Do I still qualify under the new law?
  • Check your eligibility with our Qualifinator 2.0 and shoot us a modmail if you notice any bugs.
• What are the major ongoing court cases? When are the hearings for these cases?
  • Please scroll up to "Current Court Challenges".