What the Latest Italian Citizenship Ruling Means for Descendants Abroad

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Recent developments in Italy’s Constitutional Court have raised new questions about the future of Citizenship by Descent claims for individuals with Italian ancestry. 

The court has indicated it may support elements of a controversial 2025 reform that restricts how Italian citizenship can be transmitted to descendants born abroad. While a full written judgment is still expected, the initial decision has already generated significant discussion among legal professionals, diaspora communities, and individuals exploring Italian citizenship through family lineage. 

For many prospective applicants, the key question is simple: What does this actually mean for people with Italian ancestry today? 

Understanding the implications requires looking closely at both the reform itself and the broader legal context surrounding Citizenship by Descent. 

The Reform at the Center of the Debate

Italy has historically operated one of the most expansive Citizenship by Descent frameworks in Europe, based on the principle of jus sanguinis, which is the idea that citizenship is transmitted through bloodline rather than birthplace. 

For decades, this meant that individuals could often claim recognition as Italian citizens if they could demonstrate an unbroken lineage to an Italian ancestor who had not renounced citizenship. 

However, a reform introduced by emergency decree in March 2025 proposed significant restrictions. Under the new framework, recognition of citizenship would be limited primarily to individuals with a parent or grandparent born in Italy who exclusively held Italian citizenship, tightening eligibility rules that had previously extended further back through family lines. 

The legislation also introduced additional conditions around dual nationality and transmission of citizenship across generations born abroad. 

These changes prompted a series of constitutional challenges from lower courts in Italy, which questioned whether the new rules could retroactively restrict citizenship rights that were historically recognized at birth. 

In a recent hearing, Italy’s Constitutional Court considered a constitutional referral submitted by a lower court in Turin challenging aspects of the reform. A preliminary press release issued after the hearing indicated that the specific constitutional questions raised in that referral were partially unfounded and partially inadmissible. 

In Italian constitutional procedure, these terms carry precise meanings. “Unfounded” indicates that the court reviewed a specific legal argument and concluded that it did not violate the constitutional provisions cited. “Inadmissible”, by contrast, does not address the merits of an argument but instead means the court declined to examine it in the form presented. 

Importantly, the court did not issue a general declaration that the reform itself is constitutional. It ruled only on the specific legal questions presented in the Turin referral. A detailed written opinion explaining the court’s reasoning is expected in the coming weeks. 

What the Court’s Indication Means… and What It Doesn’t

Although the court’s initial statement has been widely interpreted as a setback for diaspora citizenship claims, the situation remains legally complex. 

Importantly, the court has not yet released its full written reasoning. In addition, other legal challenges are continuing within the Italian judicial system. Some observers believe that elements of the reform could eventually face review at the European level. 

According to Audra DeFalco, Director of Citizenship by Descent at Latitude, the key takeaway is that the legal landscape remains fluid. 

“Citizenship by Descent is ultimately governed by nationality law, and nationality law can evolve,” Ms DeFalco explains.  

“What we are seeing in Italy is not unusual in principle. Governments periodically revisit how citizenship is transmitted across generations, particularly when large diaspora populations are involved. What is unusual, however, is the retroactive application of the so-called ‘Tajani decree’, now converted into Law no. 74/2025. Only time will tell if the further constitutional challenges will hold up. It is imperative to see the full sentence issued by the Constitutional Court to get an idea of their thought pattern as well.” 

She notes that while the Italian citizenship ruling signals a shift in policy direction, it does not automatically invalidate every citizenship claim based on Italian ancestry. 

“Each case depends on a detailed legal and documentary analysis,” she explained.  

“In many situations, eligibility questions turn on factors such as the timing of births, historical nationality rules, and whether citizenship was ever formally interrupted within the family line.” 

Why the Legal Challenge is NOT Over

While the court’s preliminary statement has attracted significant media attention, the constitutional process surrounding the reform is still ongoing. 

Two additional Italian courts have already submitted separate constitutional referrals raising different legal arguments, which have not yet been examined. 

The Constitutional Court has scheduled a hearing for the Court of Mantua’s challenge on June 9, 2026. Its constitutional questions differ from those raised in the Turin case. The Court’s decision not to consolidate the Mantua referral with the earlier challenge suggests it considers these issues distinct. 

The Court of Campobasso has filed two constitutional challenges addressing other aspects of the legislation. A hearing date has not been set for the Campobasso challenges. 

“The Constitutional Court ruled only on the specific arguments raised by one court,” explained Ms DeFalco. 

“Other constitutional questions remain pending, and those referrals will be examined separately. It takes only one successful challenge for the legal landscape to change.” 

Additional Developments in Italy’s Highest Court

Another significant legal development is expected on April 14, 2026, when the United Sections of Italy’s Court of Cassation will once again address issues related to Citizenship by Descent. 

The Court of Cassation is Italy’s highest court for interpreting and applying law. Unlike the Constitutional Court, which evaluates the constitutionality of legislation, the Court of Cassation can provide binding guidance on how laws should be interpreted by lower courts, municipalities, consulates, and administrative authorities. 

Historically, the United Sections of the Court of Cassation have consistently held that individuals who qualify under Italian nationality law are citizens from birth, and that the loss of citizenship rights must generally result from a clear and voluntary act by the individual. 

“The Cassation court plays a different but equally important role in shaping how citizenship law is applied in practice. Its guidance can significantly influence how administrative authorities and lower courts interpret citizenship cases.” 

Why Citizenship by Descent Has Become a Policy Issue

Italy’s citizenship framework has long been intertwined with its global diaspora. Between the late nineteenth and early twentieth centuries, millions of Italians emigrated to countries such as Argentina, Germany, Brazil, Switzerland, the UK, France, and the United States. 

Because citizenship transmission was historically generous, many descendants of those emigrants have pursued recognition of Italian citizenship over the past two decades. 

Applications have increased dramatically in recent years. According to data from Italy’s foreign ministry based on the AIRE registry of Italians living abroad, the number of Italian citizens residing outside the country increased from approximately 4.6 million in 2014 to more than 6.4 million by 2024. 

Italian consulates in countries with large diaspora populations have faced growing backlogs, and courts have seen a surge in legal cases relating to citizenship recognition. 

For policymakers, the question has increasingly become whether citizenship transmission rules should continue to apply across multiple generations born outside Italy. 

For applicants, however, the issue often revolves around the recognition of a status they believe they already possess. 

“Citizenship by Descent cases are different from investment migration programs because they are not discretionary. The government is not granting a new privilege. It is determining whether citizenship already existed under law at the moment of birth,” said Ms DeFalco.  

The Role of Documentation in Citizenship Claims

One important aspect often overlooked in public discussions is that Citizenship by Descent cases are primarily evidence-driven. 

Applicants must typically reconstruct family records across multiple generations. This means gathering birth, marriage, and death certificates. It would also mean gathering documentation demonstrating that citizenship was not lost through naturalization or other legal events. 

This process can involve multiple jurisdictions, language variations in records, and historical changes in nationality law. 

As a result, many cases require careful legal and genealogical analysis before eligibility can be confirmed. 

“In practice, the biggest challenges in Citizenship by Descent cases are often documentary rather than legal,” said Ms DeFalco.  

“Records may need correction, translation, or legal validation before a case can even be evaluated properly.” 

What Prospective Applicants Should Consider

For individuals with Italian ancestry who have been considering Citizenship by Descent, the latest developments highlight an important point. Nationality laws can change over time. 

The full implications of the court’s decision will become clearer once the written judgment is released. However, the broader trend reflects increased scrutiny of citizenship frameworks across several European countries. 

That does not mean all pathways are closed. However, it does reinforce the importance of obtaining accurate legal guidance before making assumptions about eligibility. 

“The most valuable first step is always a feasibility analysis. That allows applicants to understand whether a legal pathway exists, the documentation required, and what timelines may realistically look like.” 

A Changing Landscape for Citizenship by Descent

Interest in citizenship planning has broadened significantly in recent years. This has been driven by factors ranging from international mobility and lifestyle considerations to long-term family planning. 

Within that context, Citizenship by Descent remains one of the most durable legal pathways available. But it is also one of the most legally nuanced. 

As governments revisit nationality laws and diaspora policies, applicants and advisors alike are paying close attention to developments. Particularly what is currently evolving in Italy. 

Until the Constitutional Court releases its full written opinion, meaningful legal analysis of the court’s reasoning remains limited. However, the developments surrounding Law 74/2025 illustrate a broader reality. Citizenship by Descent frameworks are shaped by evolving legal interpretation as well as legislative policy. It evolves alongside national policy, legal interpretation, and administrative capacity. 

“Anyone suggesting that citizenship by descent is definitively closed in Italy today is speculating,” concluded Ms DeFalco.  

“The legal process is still unfolding.” 

For those exploring the possibility of reclaiming citizenship through ancestry, understanding those dynamics is an essential starting point. 

Interested in exploring whether you may qualify for Citizenship by Descent? Contact Latitude to speak with a specialist or arrange a consultation to assess your eligibility.