What happened at the hearing of March 11 2026 before the Constitutional Court on Italian citizenship

On March 11, 2026, a particularly significant hearing took place before the Italian Constitutional Court, called to rule on an issue affecting millions of people worldwide: the recognition of citizenship by descent, the so-called jure sanguinis. At the center of the debate are the amendments introduced by the decree-law of March 28, 2025, known as the “Tajani Decree,” which has profoundly revised the criteria for obtaining Italian citizenship for descendants born abroad.

The issue of constitutional legitimacy

The Court was seized of the matter following a referral by the Court of Turin, which raised doubts about the compatibility of the new rules with constitutional principles. In particular, the critical point concerns the introduction of Article 3-bis into Law No. 91 of 1992, which significantly limits the automatic recognition of citizenship by descent.

According to the Turin judge, the rule may have problematic retroactive effects: it establishes that citizenship cannot be recognized for individuals who, despite being born to Italian citizens abroad, did not initiate a procedure for recognition of Italian citizenship by descent by a certain date (March 27, 2025), or who do not meet specific requirements (such as having a parent or grandparent who was exclusively an Italian citizen at the time of death or at the applicant’s birth). This has raised questions about a possible violation of the principles of equality and reasonableness enshrined in the Italian Constitution.

The specific case: applicants and legal issue

The matter originated from an appeal filed by eight Venezuelan citizens of Italian origin, who had requested recognition of citizenship under the legislation in force prior to the Tajani Decree and Law 74/2025. However, the legislative changes introduced in 2025 radically altered the legal framework, calling their expectations into question.

The Court of Turin therefore suspended the proceedings, deeming it necessary for the Constitutional Court to determine whether the legislature exceeded the limits imposed by the Constitution, particularly with regard to the protection of already accrued rights.

The new criteria introduced by the Tajani Decree and Law 74/2025

One of the most debated aspects during the hearing concerns the conditions now required to obtain recognition of Italian citizenship by descent. It is no longer sufficient to demonstrate even distant descent from an Italian citizen: the law now requires a more concrete and current connection with the country, and in the absence of such elements, the bond of citizenship is considered no longer transferable.

This approach aims to strengthen the concept of citizenship as a substantive belonging to the national community, rather than merely a formal status.

The applicants’ arguments

During the hearing, the applicants’ lawyers strongly challenged the reform, arguing that it affects an original right that arises at birth and cannot be made subject to administrative deadlines or requirements introduced later.

According to this view, recognition of citizenship is merely the acknowledgment of an already existing condition. Preventing such recognition for bureaucratic reasons would, in substance, amount to retroactively depriving a person of their national belonging.

It was also highlighted that many families were unable to submit applications within the required timeframes due to economic or organizational reasons, and suddenly found themselves excluded from a right they believed they had already acquired.

The State’s position

In contrast, the State’s defense maintained the full legitimacy of the new provisions. According to the Office of the Attorney General of the State, the legislature has a duty to prevent misuse of the institution of citizenship, especially in a global context where millions of people could claim a purely genealogical link to Italy.

It was emphasized that indiscriminate recognition of citizenship could have significant institutional consequences, affecting the composition of the electorate and the functioning of fundamental democratic mechanisms.

The State also reiterated that citizenship entails not only rights but also duties, and that such duties presuppose an effective connection with the national community. From this perspective, the introduction of stricter criteria is justified by the need to preserve the substantive meaning of belonging to the State.

Awaiting the decision

The hearing of March 11 therefore represented a crucial step in a case destined to have a profound impact on Italian citizenship law. The decision of the Constitutional Court—still not officially published, although it was preceded by a press release from the Court itself (which we discussed in this article: https://yourwaytoitaly.it/en/articles/first-response-from-the-constitutional-court-on-the-constitutionality-questions-regarding-citizenship-those-raised-by-the-turin-court-declared-unfounded-and-inadmissible)—will clarify whether the new balance between descent and an effective connection with the territory is compatible with the fundamental principles of the legal system.

The framework could nevertheless change further, as two additional questions of constitutional legitimacy regarding Law 74/2025, raised by the Courts of Mantua and Campobasso, are still pending before the Constitutional Court and awaiting consideration.

In the meantime, thousands of people remain waiting to find out whether their citizenship will be recognized or whether the new rules will mark a definitive turning point in the definition of Italian legal identity worldwide.

Your Way to Italy: our assistance

Our team is available to provide support and assistance regarding italian citizenship and  immigration law! Contact us to schedule your first consultation! #Yourwaytoitaly

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.