The Italian Constitutional Court has ruled that individuals with documented disabilities should no longer be required to demonstrate knowledge of the Italian language in order to obtain Citizenship.
In decision no. 25, the Court declared Article 9.1 of Law no. 91/1992 unconstitutional, which had required all foreign nationals applying for Italian Citizenship—whether by marriage or naturalization—to prove intermediate-level proficiency in Italian, without allowing any exceptions.
According to the Court, this provision failed to account for individuals who, due to serious and documented disabilities, are unable to learn the language.
As a result, the blanket requirement violated the principle of equality enshrined in Article 3 of the Italian Constitution.
This is not the first time the Constitutional Court has addressed issues of accessibility in the Citizenship process.
In decision no. 258/2017, the Court found the requirement for a formal oath of allegiance to the Republic as a condition for acquiring Citizenship unconstitutional. That ruling emphasized the need to consider applicants who, due to severe disabilities, are incapable of fulfilling such formalities.
The language requirement introduced by Law 91/1992 made no distinction between applicants who could reasonably acquire the required proficiency and those who could not—such as people with cognitive or physical impairments, serious health conditions, or age-related limitations affecting language learning.
As such, it failed to uphold the fundamental principle that the law must treat equals equally, but also unequals unequally when justified by objective conditions.
A Violation of the Principle of Equality
The Constitutional Court reaffirmed that tying citizenship to language proficiency without exemptions amounts to discrimination.
Citizenship should remain accessible to applicants who meet all other legal criteria, even if they are unable—due to disability or comparable limitations—to meet the language requirement.
At present, Italian law still does not exempt applicants from proving knowledge of Italian, even in cases of severe cognitive or physical limitations.
This legal gap has now been addressed by ruling no. 25, which corrects what the Court described as a legislative "oversight."
The case originated in Emilia-Romagna
The legal challenge was initiated by the Regional Administrative Court (TAR) of Emilia-Romagna, through an order issued on May 30, 2024. The TAR questioned the constitutionality of imposing a language requirement that inherently excludes individuals with serious disabilities or certified cognitive deficits—who are, by definition, unable to obtain the required certification.
In practical terms, the law has prevented people with disabilities or learning difficulties from exercising a fundamental right: acquiring citizenship.
How other countries handle similar cases
From a comparative legal standpoint, the Court highlighted that all other European legal systems requiring language proficiency for Citizenship include explicit exemptions for individuals who cannot learn the language due to vulnerability—whether from illness, disability, or advanced age.
Put simply, across Europe, people who are unable to learn the language for health or personal reasons are always exempt.
Moreover, Italy's law was also found to be incompatible with the United Nations Convention on the Rights of Persons with Disabilities. The Convention recognizes the right of individuals with physical, mental, intellectual, or sensory impairments to acquire, retain, and change citizenship without facing discrimination or undue barriers.
The Court's recommendation: a clear and reasonable model
To remedy the situation, the Constitutional Court ruled that Article 9.1 of Law no. 91/1992 is unconstitutional specifically because it fails to include an exemption clause for individuals who are objectively and demonstrably unable to acquire language skills due to a disability.
The Court proposed applying the same exemption criteria already in use for EU long-term residence permits.
According to the Ministry of the Interior's Decree of June 4, 2010, foreign nationals with severe limitations in their ability to learn Italian—due to age, illness, or disability, as certified by a public health authority—are exempt from taking the language test required for that permit.
The Court's suggestion is to adopt this model for citizenship as well, providing a practical and legally sound solution.
Requiring everyone to demonstrate language proficiency—without exception—imposes an impossible burden on applicants who are objectively unable to meet it. This violates a fundamental legal principle known as ad impossibilia nemo tenetur—"no one is obliged to do the impossible."
In legal terms, obligations must be physically or legally achievable.
Accommodations and support for Citizenship language exams
It's worth noting that official certifying institutions in Italy already offer support to applicants with disabilities who are still capable of acquiring language skills. These institutions can provide accommodations such as specialized equipment, extended time, or reading test materials aloud to facilitate equal access to
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