Italy's Constitutional Court upholds descent citizenship reform – who remains eligible?

Italy’s Constitutional Court has delivered a clear signal: the country’s sharp restrictions on citizenship by descent, at least for now, rest on firm legal ground.

Overview

Via a press release on 12/03/2026, the Court dismissed the constitutional challenges referred by the Court of Turin against Law 74/2025 – the statute reshaping Italy’s jure sanguinis framework and imposing fresh limits on who can claim citizenship through Italian ancestry.

Although the Court has yet to release its full reasoning, the message is plain: the reform has weathered a major legal challenge.

For many families abroad, particularly in countries with large Italian diasporas such as Argentina, Brazil, the United States, Canada, and Australia, this marks the end of a long-held assumption: that Italian citizenship could be passed down indefinitely through generations, provided lineage could be proven. That assumption no longer holds true in the same way.

The practical impact is substantial. For many foreign-born descendants who had not lodged applications before the 27/03/2025 cut-off, the old broad descent route is no longer open. Italy has shifted from an expansive ancestry-based model to a more restrictive framework tied to recent generations, genuine ties, and specific statutory requirements.

Although the Court dismissed Turin’s challenge, three additional constitutional questions referred by courts in Mantua and Campobasso remain pending before the Constitutional Court. This means the legal debate is not entirely closed, and a narrow window remains for those monitoring developments closely.

However, any realistic appraisal of the current position urges caution. The Court’s latest ruling indicates that it is not inclined to dismantle the reform lightly. Therefore, whilst further proceedings may continue to define the boundaries of the new law, they should not be mistaken for a likely return to the former regime.

For prospective applicants, the central takeaway is this: the dream is not completely over, but it is now far narrower, considerably more legally technical, and far less forgiving.

Three narrow routes remain

This is no longer a straightforward matter of proving that an Italian ancestor exists somewhere in the family tree. Success now hinges on whether an applicant falls into one of the few categories still protected under the new legislation.

The first and most secure category comprises individuals who had already lodged citizenship applications (via administrative or judicial proceedings) before 11.59pm Rome time on 27/03/2025. For these applicants, the previous rules continue to apply. They remain protected under the transitional framework.

The second category covers those who may still qualify because their parent or grandparent held, or held at the time of death, sole Italian citizenship. This represents one of the most contentious aspects of the new law and, in practice, one of the most restrictive. In many migrant families, the ancestor naturalised abroad or acquired a second citizenship, which can now preclude transmission if the law requires exclusive Italian citizenship at the relevant tier.

A third route may survive where a parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the applicant was born or adopted. This exception keeps the door open for certain families, but only where a genuine, verifiable tie to Italy can be established.

What citizenship claimants should take from this ruling

The legal landscape has shifted profoundly. Subsequent litigation will not swiftly reinstate the previous system. The Constitutional Court has demonstrated its readiness to uphold the reform against major constitutional challenges.

Nonetheless, some scope for legal evolution remains. The pending questions from Mantua and Campobasso matter precisely because they show that judicial review is ongoing. Depending on how those issues are framed and resolved, certain facets of the legislation could still be revisited or narrowed.

Anyone still hoping to qualify must now treat this as a highly technical legal assessment, rather than a routine ancestry application. The decisive questions are no longer merely genealogical. They now encompass filing dates, prior submissions, the citizenship status of parents and grandparents, past naturalisations, residency ties to Italy, and the precise structure of the line of descent.

For many, the answer will regrettably be no. That is precisely what the reform sought to accomplish: checking the limitless expansion of citizenship claims by descent across generations with no tangible connection to Italy.

However, for some, a path may still exist. Some applicants are protected because they filed in a timely manner. Others may still fit within narrower statutory routes. And others still may choose to monitor the remaining constitutional proceedings closely, knowing that the legal chapter has not fully closed.

This ruling does not merely confirm a controversial reform. It changes the very ethos of citizenship by descent. Italy no longer views citizenship as a status that can be passed down indefinitely based solely on distant ancestors. It is now a more restricted legal condition, tied to clearer legislative boundaries and increasingly requiring evidence of a closer connection to Italy.

For those who had hoped to qualify one day, this message is undoubtedly a wake-up call.

For those who may still be able to, or those who may still benefit from pending cases ahead, the message is more nuanced: the path has become steeper, but not every door has closed.