Italy’s Constitutional Court Hears Challenge to Italian Citizenship Crackdown
The Constitutional Court in Rome heard a three-hour challenge to a 2025 law that restricted italian citizenship by descent, a case that could restore rights for thousands of descendants worldwide if the court finds the changes unconstitutional.
What Was Argued at the Hearing
The hearing centered on a government law change that narrowed eligibility for citizenship by descent to people with a parent or grandparent born in Italy, cutting off great-grandchildren and more distant descendants. Plaintiffs argued the abrupt restriction effectively stripped citizenship from people who had already acquired it by birth without individual assessment or adequate notice. One lawyer in court described the Tajani Decree as “a perfect Italian mess. “
The challenge was brought by eight Venezuelan citizens of Italian descent and was supported by diaspora groups including AGIS and the Confederation of Italians Abroad. A court in Turin referred the constitutional question, saying the law change deprived individuals of rights that had previously been treated as a birthright for anyone who could prove an unbroken line of descent back to 1861.
Legal Arguments, Reaction and Grounds for Appeal
Challengers argued the law violated constitutional principles by removing citizenship without individual review. Diaspora group Natitaliani highlighted what it called a contradiction in policy: Italy had been encouraging descendants to return and invest through so-called “roots tourism” while simultaneously restricting their path to citizenship.
Legal experts expressed cautious optimism at the hearing. A group of magistrates and citizenship lawyers concluded that it was very unlikely the court would uphold the law in its entirety. Calogero Boccadutri said that if the court finds the changes unconstitutional, people whose applications were rejected under the new rules could have grounds to appeal and pending applications could be reassessed under the previous, more favorable rules. If the court upholds the law, applications submitted after March 27th 2025 will remain subject to the stricter requirements.
Next Steps: Parallel Cases and Wider Stakes
The April decision by the Constitutional Court is not the end of the legal road. Italy’s Supreme Court of Cassation will hear a related challenge on April 14th that examines whether children of Italians who naturalized abroad automatically lost their citizenship, a question affecting applicants with ancestry outside Italy. A further challenge referred by the Mantua court is scheduled to be heard by the Constitutional Court on June 9th. Meanwhile, at least one court previously rejected Turin’s action against the citizenship decree, leaving parts of the debate to be resolved in coming hearings in June.
The outcome will determine whether those who lost access to nationality under the 2025 rules can reopen their cases and whether pending applications will be assessed under the older, broader standards. For thousands of people with ancestral ties to Italy, the court’s ruling will clarify whether decades-long expectations of eligibility remain intact or whether the tightened rules will stand.
