Press Review | May 11, 2026 

On May 8, 2026, Il Giornale, one of Italy’s leading national daily newspapers, published an article featuring the analysis of Avv. Salvatore Aprigliano, attorney and founder of Aprigliano International Law Firm, on Constitutional Court Ruling No. 63 of 2026 concerning Italian citizenship by descent (jure sanguinis ruling 2026). 

Read the original article in Italian on Il Giornale: ilgiornale.it 

Did the jure sanguinis ruling 2026 end Italian citizenship by descent?

In fact, Constitutional Court Ruling No. 63 of 2026 has been widely interpreted as the definitive closure of Italian citizenship by descent. Within hours, headlines declaring a “stop for descendants,” a “tombstone on jure sanguinis,” and a “final crackdown” became the dominant narrative, a reading that, according to Avv. Aprigliano, calls for a more careful and less simplified analysis. 

Moreover, at the center of the matter is Article 3-bis of Law No. 91 of 1992, introduced by the so-called Tajani Decree, on which the Constitutional Court rejected the questions raised by the Turin Court.

The ruling confirms the constitutional soundness of the provision within the scope of the challenges examined, but leaves open several fronts that will shape future litigation concerning Italian citizenship by descent. 

Three legal fronts open after the jure sanguinis ruling 2026

1. Those who tried to act before March 27, 2025, but could not secure a Consular appointment 

The first issue concerns a particularly large group: descendants of Italian citizens born abroad who, before March 27, 2025, had attempted to initiate the citizenship process but were unable to obtain a consular appointment. The Constitutional Court left unresolved the distinction between those who had secured an appointment by that date and those who, while having expressed the intent to seek recognition, were excluded for reasons beyond their control. 

In particular, this is a pivotal point for thousands of people, especially in South America and the United States, where the Prenot@mi portal had for years been characterized by closed calendars, appointments that were difficult to obtain, and very long waiting lists. 

Therefore, according to Avv. Aprigliano, the distinction between those who showed no interest in Italian citizenship and those who made concrete efforts to act will be one of the decisive battlegrounds in future litigation. Particularly significant in this regard is Ruling No. 3335 of April 17, 2026 issued by the Bologna Court, in a proceeding handled by Aprigliano International Law Firm. The court recognized the legal weight of an intent expressed before March 27, 2025, even in the absence of a confirmed consular appointment, establishing a principle of significant practical impact: when the administrative channel is unavailable due to systemic causes, the applicant’s demonstrated intent retains legal relevance. 

2. European Union Law and a possible referral to the EU Court of Justice

Meanwhile, the second front concerns European Union law. The Constitutional Court held that, for those who had not yet obtained formal recognition of Italian citizenship, European case law on the loss of EU citizenship lacked direct relevance. Under this reasoning, EU citizenship status would remain legally uncertain until formal recognition is granted. 

Consequently, according to Avv. Aprigliano, this passage may open the door to a new level of litigation. On matters of EU law, the final word on the interpretation of European guarantees rests with the Court of Justice of the European Union , and if a national judge concludes that Italian law substantially affects EU citizenship status, they may consider a preliminary reference to Luxembourg.

3. Legal nature of Article 3-bis: “Non-acquisition” or retroactive effect? 

Furthermore, the third dimension concerns the very nature of Article 3-bis. The provision states that certain individuals born abroad and holding another citizenship are to be treated as if they had never acquired Italian citizenship. This technical formula is set to generate significant debate, because for over a century Italian living law had treated citizenship by descent as a status acquired at birth, with subsequent recognition being declaratory in nature. 

In practice, the key point, according to Avv. Aprigliano, lies in the distance between the legal label and the substantive effect. Framing the measure as a “non-acquisition” allows it to be described as an original preclusion. Looking at the concrete effects, however, the provision affects positions that many descendants had long considered vested under the traditional line of Italian law — and produces the same practical outcome as a revocation. 

 

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Avv. Aprigliano’s conclusion: each case must be assessed individually 

Overall, the Constitutional Court’s ruling opens a new phase. One part of the matter has been resolved before the Constitutional Court, while other dimensions remain available for ordinary courts to address, including the position of those who had already taken steps before March 27, 2025, the operational difficulties of consular channels, and the potential relevance of EU law to the status of Italian citizenship by descent. 

Therefore, for Aprigliano International Law Firm, which has for years handled proceedings in the field of Italian jure sanguinis citizenship, the priority now is to assess each case individually, avoiding generalized readings and examining the specific circumstances of each applicant.

Frequently Asked Questions: Italian Citizenship by descent and the 2026 Constitutional Court Ruling 

 

Did Italy’s 2026 Constitutional Court ruling end Italian citizenship by descent for Americans? 

No. Ruling No. 63 of 2026 confirmed the constitutional validity of the Tajani Decree within the scope of the specific questions examined, but left open several legal fronts that ordinary courts and potentially the EU Court of Justice, will need to address. 

Can Americans who tried to book a consular appointment before March 27, 2025, but failed to get one still apply for Italian citizenship ? 

Moreover, according to Avv. Aprigliano and Bologna Court Ruling No. 3335 of 2026, those who concretely expressed their intent to apply for Italian citizenship before March 27, 2025, even without securing an appointment, may hold a legally relevant position. Each case must be assessed individually. 

What does the 2026 Constitutional Court ruling mean for Italian descendants in the United States and South America? 

The jure sanguinis ruling 2026 leaves unresolved the position of those who were unable to secure a consular appointment due to the chronic unavailability of slots on the Prenot@mi portal.

The distinction between those who attempted to act and those who never expressed interest will be a central issue in future litigation. 

Is the Tajani Decree definitively constitutional after the 2026 ruling? 

The Constitutional Court rejected the specific questions raised by the Turin Court, upholding the provision within those challenges. Other legal profiles remain open, including the possibility of a preliminary referral to the EU Court of Justice.

What does Aprigliano International Law Firm do for Italian citizenship by descent applicants? 

Aprigliano International Law Firm has handled Italian jure sanguinis citizenship proceedings for years, including the landmark Bologna Court Ruling No. 3335 of 2026. The firm’s approach is to assess each applicant’s specific position individually, rather than applying generalized conclusions. 

 

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Source: Il Giornale, May 8, 2026