Constitutional Court Judgment 2026: Limits on Iure Sanguinis Citizenship Confirmed

The Constitutional Court rejects challenges to Decree-Law 36/2025: what changes for Italian citizenship by descent, pending proceedings and the Joint Sections of the Court of Cassation in 2026.

The Italian Constitutional Court has rejected the constitutional legitimacy challenges concerning Decree-Law No. 36/2025, converted into Law No. 74/2025, which introduced significant changes to the acquisition of Italian citizenship by descent (iure sanguinis).

With this decision, made public on 12 March 2026, the Constitutional Court ruled that the new limitations introduced by the legislator are compatible with the Italian Constitution.

This ruling was highly anticipated, as the decree significantly altered the iure sanguinis system, which had traditionally allowed Italian citizenship to be transmitted without generational limits.

The decision of the Constitutional Court

The constitutional issue was raised by the Court of Turin during proceedings brought by several descendants of Italian citizens residing abroad.

The Turin judge asked the Constitutional Court to assess the legitimacy of Decree-Law No. 36/2025, which introduced new limits on the recognition of citizenship by descent.

The Court declared the issues:

• partly inadmissible
• partly unfounded

As a result, the decree remains fully valid and continues to produce legal effects within the Italian legal system.

Why Decree-Law 36/2025 Was Considered Compatible with the Constitution

In the statement released after the deliberation, the Constitutional Court clarified several key points.

According to the constitutional judges:

1. The legislator has broad discretion in matters of citizenship

Citizenship falls within the competence of Parliament, which may determine the criteria for acquisition and recognition, provided that constitutional principles are respected.

2. There is no constitutional right to unlimited transmission of citizenship

The Court emphasised that the Constitution does not require the State to recognise Italian citizenship for all descendants of Italian citizens without generational limits.

3. The doubts raised by the Court of Turin were not considered sufficiently substantiated

Some objections were deemed generic or inadequately reasoned, while others were found not to conflict with constitutional principles.

In essence, the Court recognised:

• the broad discretion of the legislator in matters of citizenship;
• the lack of equivalence between the situations compared for the alleged unequal treatment;
• the generic nature of the objections raised by the referring judges.

The context: what Decree-Law 36/2025 provides

Decree-Law No. 36/2025, converted into Law No. 74/2025, amended the rules governing Italian citizenship by descent established by Law No. 91/1992.

The law introduced a two-generation limit for the automatic acquisition of citizenship, effectively altering the historic concept of iure sanguinis, which had previously been based on a line of transmission that could begin on 17 March 1861, the date on which the Kingdom of Italy was proclaimed, and therefore the moment from which a person could be considered an “Italian citizen.”

The stated objective of the legislator was to strengthen the principle of a genuine connection with Italy, introducing stricter rules for descendants of Italian citizens born abroad.

In particular, the reform limited the possibility of obtaining recognition of citizenship in certain cases where the connection with Italy is considered too remote.

For many descendants of Italians living abroad, particularly in South America, this represented a significant change from previous practice and a definitive closure to the recognition of the right to acquire the citizenship of their ancestors.

However, it remains established that the law applies exclusively to applications submitted after 27 March 2025, and to applicants born abroad who also hold another citizenship.

Those who submitted an application before that date may still benefit from a decision based on less restrictive criteria.

Having an italian ancestor is no longer sufficient to apply for citizenship

Before the legislative reform of 2025, the iure sanguinis system allowed Italian citizenship to be obtained even after many generations, provided that it could be demonstrated that the line of descent had never been interrupted.

The decree has instead introduced limitations that make it more difficult to obtain recognition of citizenship when the connection with Italy is very remote in time.

According to some analyses, the objective of the reform was to prevent extensive use of the iure sanguinis principle by individuals who have no real connection with the country.

What changes now after the Constitutional Court’s decision

The ruling of the Constitutional Court has a very clear effect: the new rules governing Italian citizenship by descent remain fully in force.

This means that:

• the limitations introduced by Decree-Law 36/2025 continue to apply;
• citizenship applications must be assessed according to the new legislation;
• challenges based on the alleged unconstitutionality of the decree are unlikely to succeed in court.

What happens to citizenship proceedings already underway

The decision of the Constitutional Court may also have consequences for judicial proceedings already pending in matters of Italian citizenship.

In many cases, proceedings had been suspended precisely while awaiting the decision of the Constitutional Court.

Now that the Court has confirmed the validity of the decree:

• proceedings will have to resume;
• judges will apply the new rules introduced in 2025.

However, each case must be analysed individually, particularly where citizenship applications were submitted before the entry into force of the new legislation.

Summary framework: applications before and after 27 march 2025

Type of Citizenship Application	Situation After Decree-Law 36/2025 and Law 74/2025	Effects of the 2026 Constitutional Court Decision
Applications submitted before 27 March 2025	The previous criteria apply, consistent with the traditional iure sanguinis framework and with established case law (including Judgment No. 142/2025).	The Constitutional Court does not affect rights already asserted: proceedings continue, but each position must be assessed in light of evolving interpretations concerning effective connection and documentation.
Applications submitted after 27 March 2025 within the second generation	Citizenship by descent remains theoretically accessible but is subject to stricter new requirements (two-generation limit, genuine connection with Italy, and rigorous documentation).	The Court confirms the legitimacy of the restrictions: courts will consistently apply the new framework, reducing the scope for challenges based on alleged unconstitutionality.
Applications submitted after 27 March 2025 beyond the second generation	In most cases, recognition of iure sanguinis citizenship is no longer possible, because the connection with Italy is considered too remote under the new legislation.	The 2026 ruling reinforces this restriction: the legislative tightening is considered compatible with the Constitution, making it extremely difficult to reopen the issue in judicial proceedings.

Awaiting the opinion of the Court of Cassation

Following clarification of the Constitutional Court’s position, attention now turns to the Joint Sections of the Italian Court of Cassation, whose decision is expected after the hearing scheduled for 14 April 2026.

The Court of Cassation will have to provide a uniform and binding interpretation on other controversial issues, including:

• the retroactive application of Law No. 74/2025;
• the so-called “minor issue”, namely the interruption of the line of descent in cases where the father became naturalised in another country while his minor children were living with him.

The ruling of the Court of Cassation will provide a definitive answer to the doubts surrounding the interpretation of the 1912 citizenship rules.

Why seeking legal assistance for italian Citizenship matters

Despite the confirmation of the limitations, Italian citizenship by descent still represents a concrete opportunity for many descendants of Italian citizens around the world.

However, procedures have become more complex and require careful evaluation of the family situation and genealogical documentation.

A proper legal analysis may be essential to determine:

• whether the requirements for obtaining Italian citizenship still exist;
• which procedure is most appropriate (administrative or judicial);
• which documents are necessary to demonstrate entitlement to citizenship.

The new rules, the appeals before the Constitutional Court (others are expected, although a clear interpretative line has already been drawn), and the unresolved issues before the Court of Cassation create a legal landscape that is difficult to navigate alone.

Relying on incomplete documentation, missing deadlines (particularly for minors born abroad), or misinterpreting your genealogical tree may lead to the permanent loss of your right to citizenship.

Our lawyers in the Immigration Department monitor the evolution of every hearing and decision in real time, ensuring legal advice based on the most up-to-date legislation and the most effective litigation strategies.

Contact us today to analyse your position in light of Law No. 74/2025 and the uncertainties arising from recent case law.

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