Last updated:
By Avv. Salvatore Aprigliano, Italian Attorney at Law, Aprigliano International Law Firm, Milan
Quick answer
Can you still get Italian citizenship by descent 2026?
Yes, you can still get Italian citizenship by descent in 2026, but eligibility now depends on which legal framework applies to your case. Applicants who filed a recognition application or secured a confirmed consular appointment by 27 March 2025 are generally assessed under the pre-reform rules. Everyone else must qualify under one of the exceptions set out in Article 3-bis of Law No. 91/1992, as introduced by Law No. 74/2025 (the “Tajani Decree”), or pursue recognition through the courts, where arguments based on European Union law may provide the strongest legal basis.
Key takeaways
- The Tajani Decree (Decree-Law No. 36/2025, converted into Law No. 74/2025) took effect on 28 March 2025 and added Article 3-bis to Law No. 91/1992.
- Cases filed, or with a consular appointment confirmed, by 27 March 2025, 23:59 (Rome time) are still decided under the pre-reform rules (unlimited generational descent).
- Constitutional Court Ruling No. 63/2026 (deposited 30 April 2026) upheld the law but did not abolish citizenship by descent.
- Two decisions remain pending in 2026: the Constitutional Court ruling from the 9 June 2026 hearing, and the Court of Cassation Sezioni Unite ruling from the 14 April 2026 hearing.
- Some applicants without a consular appointment have obtained favorable first-instance judgments (e.g. Court of Bologna rulings 3335/2026 and 4038/2026, cases handled by Aprigliano Law Firm) on documented, pre-cutoff conduct.
What changed for Italian citizenship by descent in 2025?
The Tajani Decree narrowed who can claim Italian citizenship by descent. On 28 March 2025, Decree-Law No. 36/2025 came into force, later converted into Law No. 74/2025, and inserted a new Article 3-bis into Law No. 91/1992. For the first time in Italy’s 160-year history of jure sanguinis, the law limited who qualifies.
Before the reform, an unbroken line back to an ancestor who was an Italian citizen after 17 March 1861 was, in principle, enough — regardless of how many generations had passed. After the reform, recognition generally requires that a parent or grandparent was an Italian citizen and, under the Article 3-bis, that the qualifying ascendant held only Italian citizenship at the relevant time, unless a specific exception applies. The decisive factors are now timing, category, and documented proof, not genealogy alone.
Can you still get Italian citizenship by descent in 2026? Eligibility by category
Whether you still qualify depends on which category your case falls into. The table summarizes the main situations in 2026; each is explained below. None of this replaces an individual legal assessment.
| Your situation | Still possible in 2026? | Basis |
|---|---|---|
| Application filed, appointment communicated, or court case filed by 27 March 2025 | Yes | Pre-reform rules (unlimited descent) |
| You were born in Italy | Likely not subject to the new limit | Generational limit targets those born abroad |
| Parent/grandparent Italian & exclusively Italian | Generally yes | Article 3-bis exceptions |
| Started but no Prenot@mi appointment before cutoff | Possibly — via court | Documented activation + legitimate reliance |
| Female line before 1948 (“1948 case”) | Yes — via court | Direct judicial case in Italy |
| No documented action before 27 March 2025 | Via EU-law route | Art. 267 TFEU / CJEU referral |
1. You filed an application, had a confirmed appointment, or filed a court case by 27 March 2025
This is the most protected position. Your case is assessed under the pre-reform rules (unlimited generational descent) if, by 11:59 p.m. Rome time on 27 March 2025, any of the following was true: you filed a complete recognition application at an Italian consulate or municipality; a consular appointment had been communicated to you (the automatic Prenot@mi confirmation email counts), even if the appointment date fell later; or you had filed a judicial recognition case before an Italian court.
2. You were born in Italy
Place of birth is no longer a neutral detail. The new generational limit is aimed at descendants born abroad. In the firm’s view, a person born in Italy — even to a family whose life had entirely developed abroad — may not be subject to the same generational block, so the ordinary rules can continue to apply. This is an interpretation, not a settled point, and every situation still needs individual assessment, but after the Tajani Decree birth in Italy can change the whole legal analysis.
3. Your parent or grandparent was Italian and exclusively Italian
These cases are generally the most straightforward under the reform. If your line runs through a parent or grandparent who was an Italian citizen and, where required, held only Italian citizenship at the relevant time (the “exclusive citizenship” requirement of Letter c) — you may fall within the exceptions preserved by Article 3-bis, which reflect the new law’s idea of a “genuine link” with Italy.
4. You started the process but never got a Prenot@mi appointment before the cutoff
This is contested, but applicants have won, and the Constitutional Court left this door open. Many people tried repeatedly to book through Prenot@mi yet were shut out because consular calendars were full or inaccessible for long periods. In the firm’s reading of Ruling No. 63/2026, the Court expressly did not decide the position of applicants who had started the process without an appointment (points 9.1 and 9.2.2), and it indicated that, from the standpoint of legitimate reliance (affidamento), someone who had already taken action cannot be treated the same as someone who stayed inactive.
Italian courts have begun to give this weight. Aprigliano International Law Firm obtained recognition in Court of Bologna ruling No. 3335/2026 (17 April 2026), where the court relied on documented consular communications predating the cutoff, and in ruling No. 4038/2026 (13 May 2026), where it also relied on a formal legal mandate signed before the deadline (April 2024). Both applicants were third-/fourth-generation with no consular appointment. A single screenshot or one isolated email is not sufficient; a coherent, dated body of conduct, organized into a timeline, can be.
5. Your line runs through a woman before 1948 (the “1948 case”)
These claims require a direct court case in Italy. Because Italian women could not transmit citizenship to children born before 1 January 1948, a 1948 case is pursued judicially rather than at a consulate. A closely related question, how the 1912 rules treat a child who lost citizenship as a minor through a parent’s naturalization, is currently before the Court of Cassation, Sezioni Unite.
6. You had not taken any documented action before 27 March 2025
This is the hardest position, but not a closed door — and the European-law argument is not limited to it. Because Italian citizenship also confers EU citizenship, the firm raises an EU-law argument in all of its post-Tajani cases: for applicants with no activation proof it is the first main line of defense, and for activated applicants it runs alongside legitimate reliance. A judge who finds the doubts well-founded can disapply the Tajani Decree, deciding the case under the rules in force before 27 March 2025 or refer the question to the Court of Justice of the European Union under Article 267 TFEU.
Where does the law stand right now (July 2026)?
The framework is still moving, and two key decisions are pending. Here is the current state:
- Constitutional Court, Ruling No. 63/2026 (30 April 2026): upheld Law 74/2025 and rejected the Court of Turin’s challenge. It framed Article 3-bis as a rule of non-acquisition rather than revocation. In the firm’s reading — an interpretation, not an undisputed fact — the Court decided only the narrow case before it and left other questions open: at points 9.1 and 9.2.2 it did not resolve the position of those who had started the process without an appointment, noting that an applicant who had already acted cannot, for legitimate-reliance purposes, be treated like one who stayed inactive.
- Constitutional Court hearing of 9 June 2026: the Court heard three fresh referrals — Mantua (order No. 4/2026) and Campobasso (orders Nos. 40 and 41/2026) — on retroactivity, EU law, and fair-trial guarantees (Articles 24 and 111 of the Constitution). The hearing was held; the written decision is still awaited, expected around the August recess.
- Court of Cassation, Sezioni Unite (hearing of 14 April 2026): concerns the 1912 “minor rule” and whether the reform applies retroactively to already-pending cases. Oral argument took place; the written decision has not yet been published and will bind the lower courts.
Why does litigation strategy now matter as much as documents?
Because the documentary chain alone may no longer decide the affected cases. Before the reform, jure sanguinis was largely a documentation exercise. After the reform, a case in the affected categories must be built: organizing the facts, explaining conduct before 27 March 2025, connecting it to Article 3-bis, and, where appropriate, raising constitutional or EU-law arguments. In a field this technical, how a case is framed can matter almost as much as the records behind it. Jure sanguinis is not over: Italian citizenship by descent in 2026 has simply entered a more technical and strategic phase.
How to find out if you still qualify for Italian citizenship by descent in 2026
- Identify your qualifying ancestor and generation (parent, grandparent, great-grandparent).
- Check the naturalization history — when each ancestor naturalized, and whether the qualifying ascendant held only Italian citizenship at the relevant time.
- Determine your cutoff status — did you file, or hold a confirmed appointment, by 27 March 2025?
- Collect and date your evidence — PEC receipts, consular emails, Prenot@mi attempts, signed mandates.
- Get an individual legal assessment before abandoning a claim or starting a new filing.
Frequently asked questions
Can you still get Italian citizenship by descent in 2026?
Yes. Italian citizenship by descent (jure sanguinis) remains available in 2026, but eligibility depends on your category. Applicants who filed, or held a confirmed consular appointment, by 27 March 2025 are assessed under the pre-reform rules. Others must qualify under the Article 3-bis exceptions or litigate.
What is the Tajani Decree?
The Tajani Decree is Decree-Law No. 36/2025, converted into Law No. 74/2025, effective 28 March 2025. It added Article 3-bis to Law No. 91/1992, restricting citizenship by descent for people born abroad who hold another citizenship and descend from more distant Italian ancestors.
What is the 28 March 2025 cutoff date?
It is the date the Tajani Decree took effect. Applications submitted, or consular appointments confirmed, by 11:59 p.m. Rome time on 27 March 2025 are decided under the previous rules, which allowed unlimited generational descent. Cases without that pre-cutoff step fall under the new restrictions.
Did the Constitutional Court end Italian citizenship by descent?
No. In Ruling No. 63/2026, deposited 30 April 2026, the Constitutional Court upheld Law 74/2025 but did not abolish citizenship by descent. It treated Article 3-bis as non-acquisition rather than revocation and decided only the narrow Turin referral, leaving other questions open.
Can I still apply if I never got a Prenot@mi appointment before the cutoff?
Possibly, through the courts. The Court of Bologna (rulings 3335/2026 and 4038/2026) recognized citizenship for applicants with no consular appointment where documented, pre-cutoff conduct showed a clear intent to apply. A single screenshot or email is not enough; a dated body of evidence can be.
What Italian citizenship decisions are still pending in 2026?
Two. The Constitutional Court’s ruling on the 9 June 2026 hearing (Mantua and Campobasso referrals) is awaited, expected around the August recess. The Court of Cassation Sezioni Unite decision from the 14 April 2026 hearing, on the 1912 minor rule and retroactivity, is also unpublished.
What is a “1948 case”?
A 1948 case is a claim through a female ancestor whose child was born before 1 January 1948, when Italian women could not transmit citizenship. These claims require a direct court case in Italy rather than a consular application.
Does Italian citizenship give EU citizenship?
Yes. Italian citizenship automatically confers European Union citizenship. Because of this, the new restrictions may raise EU-law questions, and a judge can disapply the decree or refer the matter to the Court of Justice of the European Union under Article 267 TFEU.
I was born in Italy, does the Tajani Decree affect me?
The new generational limit is aimed at descendants born abroad. In the firm’s view, a person born in Italy may not be subject to that limit, so the ordinary rules can continue to apply. This is an interpretation, not a settled point, and each situation needs individual assessment.
What did the Constitutional Court leave open for people who started before the cutoff?
In the firm’s reading of Ruling No. 63/2026 (points 9.1 and 9.2.2), the Court did not decide the position of applicants who had begun the process without a consular appointment, and noted that someone who had already acted cannot, for legitimate-reliance purposes, be treated like someone who stayed inactive.
About the author
Avv. Salvatore Aprigliano is the founding partner of Aprigliano International Law Firm in Milan. He earned his law degree from the University of Milan in 1999, was admitted to the Milan Bar in 2000, and has run his own practice in Milan since 2002.
Over more than two decades he has focused on Italian citizenship by descent, immigration law, and international litigation, including constitutional and EU-law questions. He represented the applicants in Court of Bologna ruling No. 3335 of 17 April 2026 — one of the first known Italian decisions after the Tajani Decree to recognize jure sanguinis citizenship for second-, third-, and fourth-generation descendants without a consular appointment. The firm’s work on post-Tajani citizenship litigation has also been featured in New York Today.
Legal references
- Law No. 91/1992 (Nuove norme sulla cittadinanza), Article 3-bis.
- Decree-Law No. 36/2025, converted into Law No. 74/2025 (the “Tajani Decree”); cutoff 28 March 2025.
- Constitutional Court, Ruling No. 63/2026 (deposited 30 April 2026).
- Constitutional Court referrals: Mantua order No. 4/2026; Campobasso orders Nos. 40/2026 and 41/2026 (hearing 9 June 2026).
- Court of Cassation, Sezioni Unite (hearing 14 April 2026; decision pending).
- Court of Bologna rulings No. 3335/2026 (17 April 2026) and No. 4038/2026 (13 May 2026).
- Treaty on the Functioning of the European Union, Article 267 (preliminary rulings).
Further reading
- Italian Citizenship by Descent in 2026: The New Legal Fight After the Tajani Decree
- The Judicial Route to Italian Citizenship: How It Works
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice.
Reading this article or contacting the firm does not create an attorney-client relationship.
The rulings discussed include first-instance decisions, which are not binding precedent, may be appealed, and are no guarantee of a successful outcome in any other case. Every matter turns on its own facts and evidence.
Aprigliano International Law Firm — Main office: Via Fabio Filzi 41, Milan · Citizenship Department: Via Palmanova 67, Milan