Italy’s Constitutional Court ruled on March 13, 2026, to uphold Law 74/2025, significantly limiting citizenship by descent. This decision means that millions of individuals with distant Italian ancestry will no longer qualify for automatic citizenship recognition. The court’s ruling confirmed the law, which restricts claims of citizenship through jure sanguinis to those whose parents or grandparents were born in Italy, effectively eliminating claims through great-grandparents or earlier generations unless specific residency conditions are satisfied.
The ruling, which is retroactive from March 27, 2025, aims to address concerns over potential abuse of citizenship claims and the management of lengthy consular application backlogs. Italy’s Foreign Minister, Antonio Tajani, emphasized the necessity of the law, stating it is essential for restoring order amidst overwhelming application volumes. Many consulates had been facing significant delays, with some applicants waiting decades for their cases to be processed.
Estimates suggest that around 80 million people worldwide claim Italian heritage, with substantial communities in countries like Brazil, Argentina, and the United States. Many seek Italian citizenship for the benefits of EU mobility, work opportunities, and travel freedom. Under the new regulations, only those born abroad who can demonstrate a direct and recent familial connection to an Italian ancestor will be eligible for citizenship. Claims based on grandparental lineage remain valid only if the grandparent was born in Italy; those with more distant ancestry are now excluded from automatic citizenship.
Applications submitted before the cutoff date will still be processed under the previous regulations, with approximately 60,000 cases pending. The ruling follows a decision from July 2025 affirming citizenship from birth, which had raised hopes for a possible overturn of the retroactive elements of the law. Instead, the latest ruling reinforces the narrower citizenship framework established by Law 74/2025.
Implications for Diaspora and Legal Challenges
Other recent developments include a February 2026 ruling by a Palermo court allowing some Italo-Argentinian applicants, previously blocked by consulate delays, to advance under the pre-law rules. The Italian Supreme Court is set to address arguments regarding retroactive claims for births prior to 2025 on April 11, 2026. Additionally, a long-standing issue concerning the naturalization process and its impact on citizenship transmission may see resolution later this year.
In January 2026, Parliament passed Bill 1683, which will transfer the processing of adult jure sanguinis applications to a centralized office in Rome by 2029, introducing annual quotas for citizenship approvals. Consulates will continue to handle applications through 2028. Critics of the law argue that it severs cultural connections for diaspora communities formed during the significant emigrations of the 19th and 20th centuries. Supporters maintain that the law curbs exploitation and alleviates administrative burdens on consulates.
For those now ineligible, alternatives exist, including a 10-year residency requirement for naturalization, which can be reduced in certain circumstances, or citizenship through marriage after two years. Options for reacquisition of citizenship remain available until December 31, 2027, for specific losses that occurred before 1992.
The decision has drawn disappointment from diaspora groups, many of whom are contemplating further legal appeals against the new restrictions. Immigration lawyers advise individuals to check their family records for any qualifying connections or to ensure that applications were filed before the cutoff date.
This ruling signifies a major shift in Italy’s citizenship policy, permanently closing a previously accessible pathway for many claiming Italian heritage while still providing routes for those maintaining closer familial ties.
