The Constitutional Court and the limits of ius sanguinis: a debate on Italian citizenship

The issue of Italian citizenship by descent has recently taken on significant legal relevance, with the Court of Bologna raising doubts about the constitutional legitimacy of the unlimited recognition of ius sanguinis (as we explained in our article ]. The case, we recall, concerns Brazilian citizens who requested Italian citizenship based on descent from an ancestor born in Italy in 1876.

In response, the Constitutional Court has set a hearing for June 24, 2025 to examine the issue and establish whether the current legislation is compatible with the fundamental principles of the Constitution.

The question of constitutional legitimacy

The judge of the Court of Bologna, raising the question of constitutional legitimacy, highlighted that the concept of citizenship is intrinsically linked to popular sovereignty and active participation in the life of the country. Current legislation, governed by Law 91/1992, allows for the recognition of citizenship iure sanguinis without generational limits, allowing descendants of Italian emigrants to apply for recognition without any proof of cultural, linguistic or territorial ties with Italy, and this interpretation may no longer be adequate in modern times.

Possible implications of the Constitutional Court's decision

If the Constitutional Court were to deem the current legislation inconsistent with the principles of the Constitution, the Italian government could be forced to reform the citizenship recognition system. Any such change could lead to the introduction of more stringent criteria, such as the need to demonstrate a cultural or linguistic connection with Italy, or to the adoption of a mixed system that integrates elements of ius soli.

At the same time, it is possible that the Court will confirm the validity of the existing law, thus strengthening the principle of ius sanguinis as a pillar of Italian citizenship. In that case, millions of descendants of Italians who emigrated especially to countries such as the [United States, Canada, Australia, Brazil / Argentina, Chile, Uruguay] could continue to apply for citizenship recognition without any temporal or territorial constraints.

The wait for the verdict of the Constitutional Court is high, as the decision could have a significant impact on Italian citizenship policy, redefining the very concept of belonging to the nation and the criteria for recognition of the status of Italian citizen.

Your Way to Italy: our assistance

Our team is available to provide support and assistance on Italian citizenship and immigration law! Contact us to book your first consultation with us! #Yourwaytoitaly

The content of this article is intended to provide general guidance on the subject. For questions or particular cases you should seek specialized advice according to your specific situation