Italian Citizenship by Descent: Constitutional Challenges Introduce a Critical Window for Applicants

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Italy’s newer, more restrictive Citizenship by Descent framework is facing a number of serious constitutional challenges. 

In recent weeks, multiple Italian judges have formally referred the government’s new, more restrictive citizenship law (Law 74/2025, often referred to as the Tajani Decree) to the Italian Constitutional Court.  

These referrals question not only the substance of the law, but also the government’s authority to impose retroactive limits on a right long understood as acquired at birth. 

As of February 2026, four separate constitutional challenges have now been raised by lower courts.  

This development materially alters the legal landscape for applicants who were previously told they may no longer qualify. 

What Has Changed?

Since May 2025, the Italian government has sought to narrow eligibility for citizenship jure sanguinis by introducing stricter requirements and a retroactive cut-off date. The stated objective was to curb the growing volume of applications and address administrative backlogs. 

However, several Italian courts have now questioned whether these changes violate fundamental constitutional principles. 

Most notably, the Court of Campobasso has issued two separate referrals from two different judges to the Constitutional Court, arguing that the new law may amount to an unconstitutional deprivation of citizenship for political or administrative reasons, which is something expressly prohibited under Article 22 of the Italian Constitution. 

These referrals follow earlier challenges raised by courts in Turin and Mantua, creating a convergence of legal scrutiny from multiple jurisdictions all across Italy. 

Why These Challenges Matter

While each court approaches the issue from a different legal angle, together they form a powerful and coordinated challenge to the law’s legitimacy: 

• Turin focuses on EU law and the principle of legitimate reliance, questioning whether EU citizenship rights can be removed automatically without individual review. 

• Mantua centers on minors, arguing that citizenship is an inherent status at birth and should not be lost due to procedural timing. 

• Campobasso goes further, asserting that using emergency decree powers to reduce the number of eligible descendants constitutes an unlawful political motive. 

Crucially, the Campobasso cases involve applicants who filed months after the new deadline. These are not edge cases, but individuals who would have been unquestionably recognized as Italian citizens under the previous framework. 

If the Constitutional Court accepts these arguments, the retroactive elements of the law may be struck down entirely or materially weakened. 

What This Means for Applicants

For individuals and families considering Italian citizenship by descent, the implications are significant: 

• Late filings may not be disqualified if the retroactive provisions are overturned. 

• 1948 cases remain legally robust, with courts reaffirming maternal lineage as a valid basis for citizenship. 

• Applications involving minors are receiving heightened constitutional protection. 

The Constitutional Court is currently scheduled to hear the first of these cases on 11 March 2026, with additional referrals likely to follow. While outcomes cannot be guaranteed, the existence of multiple, well-reasoned challenges creates a rare legal moment where action may preserve rights that could otherwise remain uncertain. 

Why Timing Now Matters

Italian citizenship by descent has always been a legal right grounded in lineage, not a discretionary benefit. However, recent developments underscore an important reality: rights that are not asserted can become harder to enforce over time. 

Applicants who begin the process now place themselves in a materially stronger position than those who wait for absolute clarity. 

At Latitude, we are actively assessing eligibility under both the current framework and the evolving constitutional challenges. Our role is not to speculate, but to ensure clients understand their legal position and act from a place of informed strategy. 

Speak With an Advisor

If you believe you may qualify for Italian citizenship by descent, including through a 1948 case or a filing made after March 2025 aimed at challenging the new law’s unconstitutionality, a structured review with a specialist is now essential. 

A consultation will clarify eligibility, documentation requirements, procedural options, and realistic timelines based on the latest legal developments. 

To speak with a Latitude advisor, contact us here.