Constitutional Court Upholds Limits on Jure Sanguinis

ROME — Italy’s Constitutional Court on March 12, 2026, rejected major constitutional challenges to the 2025 citizenship reform, confirming that strict generational limits on citizenship by descent (jure sanguinis) remain in force. The decision, issued in a press release after a March 11 public hearing, found the objections partly unfounded and partly inadmissible, leaving Law 74/2025 — originally the Tajani Decree — largely intact.

The ruling has major implications for millions worldwide with Italian ancestry, particularly in the Americas, who hoped the court would strike down or soften retroactive restrictions. Below are 10 essential facts about the decision, its background and what comes next.

1. The Court Upheld the Core Restrictions The judges reviewed Article 3-bis of Law 74/2025, which caps jure sanguinis eligibility at descendants with an Italian parent or grandparent born in Italy (or meeting specific residency/exclusive-citizenship conditions). The court deemed the generational limit constitutional, rejecting arguments that it violated equality, acquired rights or retroactivity principles.
2. Retroactivity Remains in Effect The law, effective from March 28, 2025 (decree date), applies to those born abroad even before the change. The court found no unconstitutional retroactive deprivation of a pre-existing right, viewing citizenship recognition as administrative rather than automatic for distant descendants.
3. Pending Applications Protected Roughly 60,000 cases filed before the March 27, 2025, cutoff continue under old unlimited-generation rules. The decision does not affect these, preserving pathways for many already in process at consulates or courts.
4. The Hearing Focused on Turin Referral The challenge originated from Turin’s tribunal, which questioned whether the law complied with constitutional equality (Art. 3), legitimate expectations and reasonableness. After a three-hour March 11 session, the court issued its summary rejection the next day. The full written judgment (sentenza) is pending, likely in coming weeks or months.
5. Broader Impact on Diaspora Communities An estimated 80 million people globally claim Italian descent, with large populations in Brazil (32 million), Argentina (25 million) and the U.S. (20 million). The reform effectively excludes most beyond grandparents, closing a path long used for EU passports offering free movement, work and travel rights.
6. Motivation Behind the 2025 Reform Sponsored by Foreign Minister Antonio Tajani, the decree aimed to curb consular backlogs (some decades long), prevent passport “commercialization” and manage administrative overload. Supporters argue it restores order; critics say it severs cultural ties formed during 19th-20th century emigration waves.
7. Other Ongoing Legal Battles The ruling does not resolve everything. The Supreme Court (Court of Cassation) hears arguments April 11, 2026, on retroactivity for pre-law births. The “minor issue” — whether naturalization abroad while a child was minor breaks transmission under 1912 rules — may see unified resolution later in 2026.
8. Palermo Court Offers Narrow Relief In February 2026, Palermo ruled in favor of Italo-Argentinian applicants blocked by consulate delays, allowing recognition under old rules if pre-decree appointment attempts were proven. Such cases provide limited hope for those with evidence of prior good-faith efforts.
9. Future Processing Changes Bill 1683, passed January 2026, shifts adult jure sanguinis cases to a centralized Rome office from 2029, with annual quotas and fixed timelines. Consulates handle applications through 2028, but the ruling reinforces the narrower eligibility framework.
10. Alternatives and Next Steps Those now ineligible can pursue residency-based naturalization (10 years, sometimes reduced), marriage (two years) or reacquisition (until Dec. 31, 2027, for certain pre-1992 losses). Diaspora groups express disappointment but plan further appeals. Lawyers advise reviewing documents for qualifying links or pre-cutoff filings.

The decision solidifies Italy’s shift toward stricter citizenship criteria amid EU migration debates. While disappointing for many distant descendants, it preserves options for closer ties and pending cases. As the full judgment emerges and related cases advance, the jure sanguinis landscape continues evolving.