Italian Citizenship Ruling Shuts the Door on 160 Years of Birthright — Millions of Descendants Locked Out
The door just closed. Italy's Constitutional Court upheld a sweeping 2025 law Thursday that effectively ends the country's centuries-old policy of citizenship by descent — a ruling that blindsided diaspora communities across the United States, Argentina, Brazil, and Australia and extinguished what millions considered an inherited birthright.
What the Court Decided — and What It Means
Italy's Constitutional Court on March 13, 2026, upheld Law 74/2025, confirming that millions of people with distant Italian ancestry no longer qualify for automatic citizenship recognition. The decision rejected challenges to the law, which caps citizenship transmission at parents or grandparents born in Italy, retroactive from March 27, 2025.
The Constitutional Court declared the questions raised by the Tribunal of Turin partly unfounded and partly inadmissible. In practical terms, the law remains valid and continues to govern Italian citizenship by descent claims involving descendants born abroad.
Professor Corrado Caruso, one of the lawyers who argued against the law before the court, did not soften his reaction. "It was an extremely clear, harsh intervention," he told CNN. "I had a hope that it would be judged in breach of some constitutional points, but that wasn't recognized by the court."
160 Years of Ius Sanguinis — Ended by Emergency Decree
Since Italy became a country in 1861, the rule was simple: a child born to an Italian citizen was an Italian citizen. That principle was codified in 1865, confirmed in 1912, and reaffirmed in 1992.
The Tajani Decree changed everything. Under the new law, only people with a parent or grandparent born in Italy will qualify for citizenship by descent. That parent or grandparent must have held only Italian citizenship when their child or grandchild was born. Long ancestral chains no longer automatically transmit citizenship, and dual citizenship within the wider diaspora is significantly restricted.
An estimated 80 million people worldwide claim Italian descent, with large communities in Brazil, Argentina, and the United States. Many sought EU citizenship for mobility, work, and travel benefits. Most of them are now ineligible under the new framework.
Why Italy Moved — and Why Critics Say It Went Too Far
The government's rationale was administrative. Between 2014 and 2024, the number of Italian citizens registered abroad grew from 4.6 million to 6.4 million. Argentina's Italian consulates processed 30,000 applications in 2024, up 10,000 from the previous year. Some consulates were booking appointments a decade out.
The court found the restrictions constitutional, citing state interests in preventing abuse, managing consular backlogs, and preserving citizenship integrity.
Critics counter that the fix punished applicants retroactively for a bureaucratic failure that was Italy's own making. Attorneys arguing against the law noted that when other European countries reformed their citizenship regimes, they typically introduced transitional periods to allow applicants time to adapt. No such transition was included in the Italian reform.
Who Is Affected — and Who Isn't
The current ruling does not strip existing Italian citizens of their status. Applications filed before the cutoff continue under the old rules, with roughly 60,000 such cases pending.
Women were not able to transmit citizenship until 1948, meaning descendants of Italian women who gave birth before then are already blocked from recognition. Since 2009, many have successfully sued the state for gender discrimination — that legal avenue has now also been shut.
The Fight Is Not Finished
A separate hearing at Italy's Court of Cassation is scheduled for April 14 — and its opinion can supersede the Constitutional Court. Some lawyers are advising clients to seek referrals to EU courts in Luxembourg. Lawyer Marco Mellone advises anyone with a case already in Italian courts to request a postponement until fall 2026.
Alternatives for those now ineligible include 10-year residency naturalization — sometimes reduced — or citizenship by marriage after two years. Reacquisition remains open until December 31, 2027, for certain pre-1992 losses.
A full written ruling explaining the court's reasoning is expected in the coming weeks.
