The Constitutional Court has expressed itself on how to obtain Italian citizenship with disabilities by amending the law and the procedures for the recognition of Italian citizenship with regard to the requirement of the necessary knowledge of the Italian language at level B1, for applicants for citizenship. Until recently, to become an Italian citizen through marriage or naturalization, it was necessary to demonstrate knowledge of the Italian language at least at level B1. But what happened to those who, due to health problems, could not learn Italian? The Constitutional Court has put a stop to this injustice with the ruling on the recognition of citizenship for the disabled, which has changed the rules for those with severe cognitive or physical disabilities.
The Constitutional Court eliminates the B1 language test for disabled people to obtain Italian citizenship
Until now, the law on Italian citizenship made no exceptions: those who could not prove that they knew Italian, even for health reasons, had their application rejected. However, according to the Constitutional Court, this rule violated the principle of equality (art. 3 of the Constitution), insofar as it treated very different people in the same way. Thanks to ruling 25/2025, those with a certified disability that prevents them from learning the Italian language can apply for citizenship without having to pass the language test.
The arguments of the Constitutional Court
Violation of the principle of equality (Art. 3 of the Constitution)
According to the Court, the rule treated different situations in the same way, imposing an unenforceable obligation on those who, due to certified health problems, could not learn Italian. This created a disparity in treatment between those who could learn the language and those who, due to force majeure, could not. The principle of formal and substantial equality requires that those who are at a disadvantage have specific discipline, which does not penalize them compared to others. For this reason, the Court ruled that people with certified disabilities must be exempt from the language test to obtain citizenship.
The principle of reasonableness and the principle “ad impossibilia nemo tenetur“
Another fundamental point concerns the reasonableness of the rule. Forcing someone to pass a test that is objectively impossible to take is an absurd request. For this reason, the Court ruled that imposing an obligation that is impossible to fulfil is equivalent to a breach of the principle of reasonableness and that persons with severe disabilities must be exempted from the language requirement.
Compliance with International Law
The Court also stressed that Italian legislation on the recognition of Italian citizenship had to align with international standards. In fact, the UN Convention on the Rights of Persons with Disabilities requires States to guarantee access to citizenship without discrimination. The Court highlighted that the right to citizenship cannot be denied because of a disability, as established by Article 18 of the UN Convention. However, it considered inadmissible the reference to art. 10 of the Constitution, stating that the issue had to be assessed in the context of art. 117 of the Constitution, which concerns compliance with international obligations by the Italian State.
Here’s who can obtain citizenship without the Italian language test
Now we come to the key point: who is exempt from the Italian language test for citizenship? According to the new ruling, the following categories are entitled to obtain citizenship without the language requirement:
- People with severe cognitive disabilities that prevent learning the Italian language;
- Those with certified pathologies that limit the ability to learn new languages;
- Seniors with medically proven learning disabilities
The exemption will be based on a medical certification issued by a public health facility, just as is already the case for the EU residence permit for long-term residents. If you recognize yourself in one of these categories, you can finally apply for citizenship without having to prove your knowledge of Italian!
Legal implications of the judgment
- Amendment of the Citizenship Legislation
After this ruling, the legislator will have to introduce an exemption clause for people with severe disabilities, similar to that provided for the EU residence permit for long-term residents. The Prefectures and the Ministry of the Interior will have to update the procedures for applying for citizenship, to guarantee exemption to those who are entitled to it.
- Effects on Judicial and Administrative Proceedings
Those who have been denied citizenship will be able to request a review of their case in the light of the new ruling. This means that many foreigners with severe disabilities will now have access to Italian citizenship, which was previously impossible. Public administrations will have to update their regulations in order not to incur new violations of the principle of equality.
- Strengthening Protection for Persons with Disabilities
This ruling is a huge step forward for the protection of the rights of people with disabilities in Italy. The recognition of citizenship cannot be denied to those who are part of Italian society, but have a disability that prevents them from learning the language.
How the new process to obtain Italian Citizenship for the Disabled works
Here’s what to do to obtain citizenship without having to pass an Italian exam:
- Check if you meet the exemption criteria (certified disability, cognitive difficulties or serious pathologies).
- Obtain a medical certificate from a public facility (ASL, INPS, affiliated doctor).
- Submit the application for Italian citizenship without having to attach the language certificate.
If you have already applied and it has been rejected for lack of knowledge of Italian, you can ask for your case to be reviewed in light of the new ruling.
A step forward for justice and inclusion
This sentence has finally eliminated discrimination that penalized those who, for health reasons, could not learn Italian. Now obtaining Italian citizenship for foreigners with disabilities is more accessible and this means more rights for everyone! If you are looking for up-to-date information on Italian citizenship and disability, on how to obtain citizenship without a language test, or on new rules for citizenship in 2025, get in touch with Damiani&Damiani International Law Firm.
