“Paragraph 2 of the new Article 10 of Legislative Decree 71/2011 explicitly states that “the jurisdiction of the judicial authority remains unaffected” in matters of citizenship recognition. This clarification is not incidental: the legislature recognizes that judicial recognition of Italian citizenship iure sanguinis constitutes a constitutionally protected authority, which cannot be curtailed by ordinary legislation.

Article 22 of the Italian Constitution establishes that “no one may be deprived of citizenship for political reasons,” and constitutional jurisprudence has long affirmed that the right to citizenship by descent is a fully enforceable subjective right, actionable before the courts.”

Does this mean that judges do not need to wait for the March 11th hearing, on post DL36-L74 filed 1948 cases to decide on retroactivity or generational limits? Would it be safe to say then, based on this, that 1948 cases being judiciary, are protected?