Italian citizenship by descent: the Constitutional Court’s ruling on the Turin case has been published

Information updated as of 2026 

On April 30, 2026, the Italian Constitutional Court announced its decision regarding the question of constitutionality raised by the Court of Turin concerning the recent reform on Italian citizenship by descent. The ruling follows the hearing held on March 11, 2026, and clarifies several controversial aspects introduced by the new legislation.

As already anticipated in an official press release, the constitutional judges deemed the issues raised to be partly inadmissible and partly unfounded. The decision represents an important step in the debate on access to Italian citizenship jure sanguinis, especially for foreigners of Italian origin.

One of the central issues addressed concerns the alleged retroactive nature of the law. The Court ruled out that it constitutes a revocation of an already acquired right, arguing instead that the new restrictions represent an original limitation on access to citizenship. In other words, anyone who had not yet obtained formal recognition could not be considered an Italian citizen in all respects.

Another point discussed concerns the principle of equality. According to the judges, the difference in treatment between those who submitted their applications before and those who did so after the entry into force of the new rules does not violate this principle. It is, in fact, normal for a legislative reform to introduce transitional provisions that produce different effects among categories of individuals.

The Court also addressed the issue of legitimate expectations of foreign nationals potentially eligible for citizenship. While acknowledging this principle, it emphasized that it must be accompanied by a concrete connection with the Italian State. Furthermore, obtaining citizenship always depends on an administrative or judicial procedure, the outcome of which is never guaranteed. Consequently, one cannot speak of a legally protected expectation. The judgment also highlights certain compensatory measures introduced by the reform, such as facilitated pathways for people of Italian origin and more favorable conditions for certain family situations.

With regard to the foreseeability of legislative changes, the Court held that the reforms were far from sudden. Proposals to restrict access to citizenship had already been put forward in the past, and more recently higher costs had been introduced for judicial and administrative procedures. A comparison with other European countries also shows that such limitations are not exceptional.

Challenges based on European Union law were also rejected. According to the Court, EU rules on citizenship apply exclusively to those who already hold the status of EU citizen. Therefore, individuals who no longer meet the requirements set out in the new Italian law cannot invoke such protections.

Finally, objections based on international law were declared inadmissible, including references to the Universal Declaration of Human Rights and the European Convention on Human Rights. The Court recalled that the former is not legally binding, while the latter does not guarantee a right to citizenship, but merely provides for other forms of protection.

In June, the Italian Constitutional Court will be called upon to examine further cases brought by other Italian courts, including those of Campobasso and Mantua. These cases raise broader issues and could offer new interpretative elements. For this reason, the debate on Italian citizenship by descent is likely to remain open for a long time.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.