On July 31, 2025, the Italian Constitutional Court issued a landmark ruling (decision n.142/2025), reaffirming the validity of Italian citizenship by descent, commonly known as “jure sanguinis”—without generational limits. This crucial decision follows the significant hearing of June 24, 2025, addressing fundamental issues concerning citizenship eligibility and Italian ancestry.

What is jure sanguinis citizenship and how have recent restrictions impacted Italian descendants?

Jure sanguinis or citizenship by descent allows descendants of Italian citizens to claim Italian citizenship regardless of how many generations have passed. Historically, this principle has enabled members of the Italian diaspora, particularly in countries like the USA, Canada, Australia, and Argentina, to reconnect with their Italian roots.

However, recent legislative changes introduced by Decree Law 36/2025 (commonly referred to as the “Tajani Decree”), published on March 28, 2025, and subsequently converted into Law 74/2025 on May 23, 2025, imposed severe generational limits on citizenship recognition. These new restrictions, effective from March 28, 2025, have retroactively impacted thousands of Italian descendants, triggering significant concerns within global Italian communities.

Constitutional Court’s landmark ruling: what was decided?

The Court’s recent decision did not directly evaluate Law 74/2025 or the Tajani Decree, as the constitutional questions raised by the courts of Bologna, Rome, Milan, and Florence referred specifically to cases filed prior to March 28, 2025. These courts questioned the constitutional legitimacy of granting Italian citizenship to 4th, 5th, or subsequent-generation descendants who may lack clear connections with Italy.

Nonetheless, the Italian Constitutional Court firmly upheld the legitimacy of citizenship by descent (jure sanguinis) without any generational restriction, reiterating that citizenship acquired at birth cannot be arbitrarily revoked retroactively.

In detail, the ruling underlined two significant points:

• Citizenship by descent is constitutionally legitimate and fully protected by Italian law.
• Future citizenship restrictions must be clearly defined, reasonable, and designed to permit an individual, case-by-case evaluation of genuine connections to Italy.

This clarification implicitly highlights potential constitutional issues with the retroactive generational limits imposed by Law 74/2025, emphasizing that strict generational limits fail to allow necessary individual assessments, thus raising questions about their constitutional compliance.

Why is this Constitutional Court decision crucial for the Italian diaspora?

This decision substantially reinforces the legal rights of descendants affected by Law 74/2025, providing robust grounds to contest its retroactive generational limits. The Constitutional Court’s emphasis on individual assessments reveals the constitutional vulnerability of rigid generational restrictions, suggesting these may be incompatible with fundamental rights and constitutional principles.

Securing your Italian citizenship: recommended next steps

Following this significant Constitutional Court ruling, it is essential for those affected by Law 74/2025 to take prompt legal action to secure their Italian citizenship. Timely filing of citizenship recognition petitions is vital, especially considering the possibility of future legislative amendments.

Our law firm actively supports clients in challenging the constitutionality of Law 74/2025, strongly advocating that fundamental rights acquired by birth should never be revoked retroactively. We remain committed to assisting the global Italian diaspora in protecting and reclaiming their rightful citizenship.

For personalized advice or more detailed information on Italian citizenship petitions and this landmark Constitutional Court ruling, please contact our dedicated team .