Italian Citizenship by Descent Update: Constitutional Court Upholds Law No. 74/2025

On March 11, 2026, the Italian Constitutional Court held a public hearing concerning constitutional challenges to Article 3-bis of Law 91/1992, as amended by Decree-Law 36/2025 and converted into Law No. 74/2025, commonly known as the “Tajani Decree.”

The hearing drew significant attention from individuals around the world pursuing Italian citizenship by descent, as well as legal professionals, genealogists, and advocacy organizations. The case originated from a constitutional challenge raised by the Court of Turin and focused on whether the new restrictions introduced by Italian citizenship law in 2025 were consistent with constitutional and European legal principles.

The Constitutional Court ultimately issued Judgment No. 63/2026, deposited on April 30, 2026, and published on May 6, 2026, providing important clarity regarding the current legal framework governing Italian citizenship and citizenship recognition through ancestry.

What Is Law No. 74/2025?

Law No. 74/2025 introduced significant changes to the recognition of Italian citizenship by descent.

For many years, Italian citizenship was recognized through the principle of jure sanguinis, or “right of blood,” which allowed citizenship to be passed through an unbroken line of descent from an Italian ancestor. Under the previous framework of Italian citizenship law, descendants of Italian emigrants often pursued recognition of citizenship based on ancestry that extended across multiple generations.

Law No. 74/2025 introduced new limitations on eligibility for citizenship recognition. Among the most significant changes were generational restrictions and a March 27, 2025 cutoff date that affected certain citizenship claims.

These changes generated widespread discussion among applicants, legal experts, and Italian communities around the world because they substantially narrowed eligibility for many descendants seeking Italian citizenship by descent.

Why Was the Law Challenged?

The constitutional proceedings focused on several arguments concerning the legality of the new citizenship restrictions.

One argument centered on the distinction created between individuals who filed citizenship claims before 11:59 PM (Rome time) on March 27, 2025, and those who filed afterward. Critics argued that the law treated similarly situated descendants differently based solely on the timing of their applications.

Other challenges focused on the traditional understanding of citizenship by descent and whether individuals born with a claim to Italian citizenship should continue to be recognized under prior legal interpretations.

Additional arguments raised questions involving European Union citizenship principles, constitutional protections, and various international-law and human-rights considerations.

These issues formed the basis of the constitutional challenge considered by the Court.

What Did the Constitutional Court Decide About Law No. 74/2025?

The Constitutional Court issued Judgment No. 63/2026 and ultimately upheld the constitutionality of Article 3-bis and Law No. 74/2025.

Specifically, the Court:

• Rejected constitutional challenges alleging that the law arbitrarily distinguished between individuals who filed citizenship claims before 11:59 PM on March 27, 2025, and those who filed afterward.
• Rejected arguments that the law violated European Union citizenship principles under Articles 9 TEU and 20 TFEU.
• Declared several additional constitutional challenges inadmissible.

As a result, the restrictions introduced by Law No. 74/2025 remain in force.

The Court did not strike down the generational limits established by the law, nor did it invalidate the March 27, 2025 cutoff date. The decision represents one of the most significant developments in Italian citizenship law in recent years.

What Does the Decision Mean for Italian Citizenship Applicants?

The Constitutional Court’s ruling provides important clarification regarding the current legal status of Italian citizenship by descent.

For the time being, Italian authorities will continue applying the provisions of Law No. 74/2025 when evaluating citizenship claims. Individuals pursuing recognition of Italian citizenship must therefore assess their eligibility under the current legal framework rather than relying on the rules that existed before the 2025 reform.

The decision also confirms that the Constitutional Court accepted the legislature’s authority to redefine the criteria used for citizenship recognition, even in an area with a long history of recognition through family lineage.

An Important Nuance in the Court’s Decision

Many observers initially believed the March 11 hearing would primarily determine whether the law could be applied to descendants whose claims arose before the legislation was enacted.

However, the Court’s ruling was narrower than many expected.

The Constitutional Court did not issue a broad declaration that descendants born before March 28, 2025, automatically retained recognition rights under the previous legal framework. Instead, the Court largely upheld the legislature’s authority to establish new requirements governing recognition of Italian citizenship by descent.

This distinction is important because it means the Court did not adopt the expansive interpretation sought by many opponents of the law.

What Questions Remain Open?

Although the Constitutional Court upheld Law No. 74/2025, the March 11 hearing did not end all legal discussion surrounding the reform.

Subsequent proceedings before the Supreme Court of Cassation and other courts have continued to examine questions such as:

• Whether citizenship acquired by birth can be affected by later legislation
• The precise temporal scope of Law No. 74/2025
• Whether the law should apply to individuals born before its enactment
• How courts should interpret citizenship as a vested legal status versus a status subject to legislative regulation

The answers to these questions may continue to shape the interpretation and application of Italian citizenship law in future cases.

Preparing Your Citizenship Case

For individuals with Italian ancestry, gathering documentation and verifying eligibility remains an important first step.

The process of pursuing Italian citizenship by descent often involves reviewing family records, identifying qualifying ancestors, and obtaining historical documentation from both Italy and the applicant’s country of residence.

Professional genealogical research can help clarify family lineage and determine whether an individual may qualify under the current legal framework.

Because Italian citizenship law continues to evolve through legislation and court decisions, obtaining professional guidance can help applicants better understand their available options.

How the Italian American Citizenship Assistance Program Assists Applicants

The Italian American Citizenship Assistance Program (ITAMCAP) works with professional genealogists and legal partners in Italy to help individuals explore their eligibility for Italian citizenship by descent.

When an application form is submitted, the team at the Italian American Citizenship Assistance Program reviews available family history and documentation to assess potential eligibility under current Italian citizenship law.

Applicants receive guidance regarding lineage research, documentation requirements, and available pathways that may apply to their specific circumstances. The goal is to provide a clearer understanding of whether Italian citizenship remains available based on an individual’s ancestry and the requirements currently established under Law No. 74/2025.

Find Out If You Still Qualify for Italian Citizenship

The Constitutional Court’s decision confirms that Law No. 74/2025 remains in effect, making it more important than ever to understand how the current rules apply to your family history. While the ruling provides clarity regarding the constitutionality of the law, many individuals remain uncertain about their eligibility for Italian citizenship by descent under the updated framework.

The Italian American Citizenship Assistance Program (ITAMCAP) helps individuals navigate these complex legal changes by reviewing ancestry, identifying qualifying lines of descent, and evaluating eligibility under current Italian citizenship law. Our team works alongside experienced genealogists and legal professionals in Italy to help applicants better understand their options and determine the most appropriate path forward.

If you have Italian ancestry and want to know whether you may still qualify for Italian citizenship, submit your information to the Italian American Citizenship Assistance Program today. Our team can review your family history, explain how Law No. 74/2025 may affect your case, and help you take the next steps toward pursuing citizenship recognition.