Constitutional Court and Italian citizenship by descent: which aspects of the law are Being challenged?

In recent months, the rules governing Italian citizenship by descent have once again become the focus of legal and political debate. The reform introduced in 2025 through the so-called Tajani Decree, later converted into Law No. 74/2025, significantly changed the criteria for the recognition of ius sanguinis. Some aspects of the new regulations are now under review by the Constitutional Court, where a hearing is scheduled for tomorrow, March 11, 2026.

The main changes to citizenship by descent

Decree-Law No. 36/2025, which entered into force on March 28, 2025, restricted the requirements for obtaining Italian citizenship through descent. Previously, it was possible to apply by demonstrating an unbroken genealogical line with an Italian ancestor born after 1861.

Under the new legislation, recognition is mainly limited to cases in which the applicant has:

• a parent or grandparent who was exclusively an Italian citizen at the time of the applicant’s birth (or at the time of their death if it occurred before the descendant’s birth);

• a parent who lived in Italy for at least two years after acquiring Italian citizenship and before the birth of the child;

• submitted an application under the previous procedures by March 27, 2025.

The reform also introduced stricter rules for minors born abroad to Italian citizens, requiring a declaration within three years of birth or a period of residence in Italy. For those born before May 24, 2025, the declaration must be made by May 31, 2029.

The appeal to the Constitutional Court

On September 17, 2025, the Court of Turin decided to refer certain parts of Law 74/2025 to the Constitutional Court. The criticisms mainly concern:

• the possible retroactive application of the law;

• the restrictions imposed on children of Italian citizens born abroad;

• an alleged conflict with principles of European law.

The Courts of Mantua and, most recently, Campobasso later joined the Court of Turin in submitting questions to the Constitutional Court.

The Court will examine only the specific issues raised by the lower courts and, after the public hearing, will publish its decision in the Official Gazette.

A central issue for italian communities around the world

The Court’s decision will be particularly important for the thousands of descendants of Italians living abroad who aspire to obtain recognition of Italian citizenship and an Italian passport. The outcome of the ruling could confirm the new restrictions or lead to further changes in the current system.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.