Constitutional Court of Italy confirms citizenship-by-descent reform: who can still apply

The Constitutional Court of Italy has issued a decisive ruling: the current restriction on citizenship through ancestry will remain. The case addressed a legislative update that altered the previous system and narrowed the circle of people eligible to obtain Italian citizenship based on family lineage.

According to a statement published on March 12, 2026, the court dismissed constitutional complaints submitted by the Turin tribunal concerning Law No. 74/2025. The statute revised the rules of jure sanguinis and set additional requirements for descendants who still wish to claim citizenship through their Italian relatives.

Although the full legal reasoning has not yet been released, the practical message is already evident: the reform has survived constitutional scrutiny.

For many families living abroad—particularly within countries that host a large Italian diaspora such as Argentina, Brazil, the United States, Canada, and Australia—the decision ends the earlier belief that citizenship could be transmitted across generations “without end,” provided that family ties were properly documented.

Under the new approach, the process functions differently, and the consequences are measurable. In particular, for some descendants born outside Italy who did not file documents by March 27, 2025, the former, broader interpretation is effectively no longer available.

In short, Italy is shifting away from the widest version of the inheritance-based model toward a more constrained legal framework. In practice, deadlines, documented connections to Italy, the legal status of ancestors, and the specific conditions set by the statute now play a determining role.

At the same time, the story is not fully finished. Even after the Turin tribunal ruling, three further constitutional issues—raised by courts in Mantua and Campobasso—are still awaiting examination by the Constitutional Court. This means that, for certain circumstances, a limited “window” of outcomes may still exist while those questions are resolved.

However, it would be wise to remain realistic: the court’s stance suggests it is unlikely to dismantle the reform soon. Future rulings may refine the boundaries of the new rules, but a return to the previous regime appears improbable.

The main takeaway for potential applicants is clear: the opportunity has not vanished completely, but it has become much narrower, more technical, and less tolerant of gaps in documentation or mismatches with statutory requirements.

Proving that an Italian relative existed somewhere in the family line is no longer sufficient. The focus is now on whether a person fits within the restricted categories defined by the updated legislation.

One of the most straightforward groups includes those whose citizenship requests (whether administrative or through the courts) were submitted no later than March 27, 2025, by 11:59 p.m. Rome time. For them, transitional provisions continue to apply, and the older system can still be used.

A second category involves descendants who may rely on exceptions where a parent or grandparent held (or at the time of death held) only Italian citizenship. This requirement is particularly contentious. In many emigrant families, an ancestor may have naturalized abroad or acquired a second nationality. In those cases, the “exclusively Italian” criterion can block the transfer of citizenship.

The third possible route is connected to residence in Italy. If, after obtaining Italian citizenship, a parent (or adoptive parent) lived in Italy for at least two consecutive years before the applicant’s birth or adoption, then—depending on the circumstances—the application may still be considered. This option, however, requires a genuine and provable link to Italy.

What applicants should take away from the decision

The legal environment has changed significantly. Even if additional court challenges arise, it is unlikely that the old rules will return quickly. The Constitutional Court has already demonstrated that it is prepared to back the reform when major constitutional arguments are raised.

That said, new details cannot be ruled out. The questions submitted by the courts of Mantua and Campobasso matter because they show that judicial review is still active. Depending on how those issues are formulated and resolved, certain provisions of the law may be clarified or limited.

For anyone still considering an application, the right strategy is a careful legal assessment rather than a “standard” verification of ancestry. The process is no longer limited to documents proving a family relationship. Key factors now include filing deadlines, the citizenship status of parents and grandparents, any naturalizations that may have occurred, whether a verified connection to Italy exists, and the exact chain of status transmission across generations.

For many potential applicants, the outcome will unfortunately be negative. That is precisely the purpose of the reform: to prevent a potentially unlimited expansion of eligibility without a stable and factual connection to Italy.

Nevertheless, some applicants may still have options.

Some are protected because they applied within the allowed timeframe. Others may meet the stricter conditions introduced by the law. A third group is closely following the remaining constitutional proceedings, recognizing that the legal “chapter” is not yet conclusively closed.

Most importantly, the ruling does more than confirm the reform’s validity. It also changes the way citizenship by descent is understood. Italy no longer treats citizenship as a status that is automatically, endlessly, and predictably passed on merely through distant kinship. Instead, it now functions as a more limited legal status shaped by legislative boundaries—and, in certain cases, by evidence of a closer connection to Italy.

For those who believed they could apply “someday,” the result may be discouraging. For people whose situations may fall under exceptions—or those affected by unresolved constitutional questions—the picture is more nuanced. Still, it is not entirely hopeless: the path has become steeper, but not every door is closed.

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