A recent online article on lentepubblica.it by Italian attorney Flavia Di Pilla (Natitaliani) responds sharply to Andrea Molle’s 8 April piece in Italia Oggi (“Chi è italiano? Il legame reale pesa più della discendenza”, by Andrea Molle, Italia Oggi, April 8, 2026, see a summary in this post) about the reform of Italian citizenship. Di Pilla argues that Molle’s apparently “balanced” reading contains serious legal inaccuracies and turns a blind eye to the political interests behind the reform.
First, she notes that the Constitutional Court has not “sanctioned” a change of course on citizenship: so far there is only a press release about the 11 March hearing, not a published and reasoned judgment, so it is wrong to present the Court as having already endorsed the reform. She stresses that important constitutional challenges to article 3‑bis of Law 91/1992 (introduced by Decree‑Law 36/2025) are still pending, and that only the final written decision will clarify the Court’s position.
Second, Di Pilla reminds readers that ius sanguinis was not a casual “automatic” habit but a long‑standing, codified rule, rooted in the Civil Code of 1865 and laws from 1912 and 1992, on which institutions and individuals have relied for decades. In her view, changing such a framework through an emergency decree is constitutionally and politically problematic: the Italian Constitution allows decree‑laws only in cases of real necessity and urgency, and no convincing urgency has been shown to justify limiting rights that have existed for more than a century.
Di Pilla also highlights a geopolitical dimension Molle does not mention, alleging that pressure from the United States — concerned about South American citizens using Italian ius sanguinis to obtain an EU passport and then enter the US legally — played a role in pushing Italy towards a restrictive reform. Calling this a “correction of course in Italy’s interest”, she suggests, ignores whose interests were really being served.
Finally, Di Pilla objects to the language of “presumed descendants”: many people affected by the new rules are descendants whose link to an Italian ancestor has already been formally recognised through judgments, administrative decrees, and AIRE registrations. The real question “what does it mean to be Italian today?” is legitimate, she concludes, but it should be answered through open, democratic parliamentary debate, not via urgent decrees and press releases.
I don’t offer legal advice or citizenship consultancy, but I do work regularly on English–Italian translations for ius sanguinis citizenship applications. If you need certified translations of official papers, court decisions or other documents for an Italian citizenship application, I will be happy to help.
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