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Judgment 142/2025: New Ruling Impacts Italian Citizenship Law
On July 31, 2025, the Italian Constitutional Court issued Judgment No. 142/2025, reaffirming that Italian citizenship by descent (jure sanguinis) is an automatic right acquired at birth when a person is born to an Italian parent, without any generational limit.
This decision rejected attempts to impose generational or residency-based restrictions, reinforcing a long-standing principle of Italian nationality law. However, the ruling does not yet overturn the recent amendments introduced by Law No. 74/2025, which now limit recognition to only two generations from the last Italian-born ancestor and add new requirements.
Why This Matters
Although Law No. 74/2025 is still in effect, Judgment 142/2025 lays a strong legal foundation for the Constitutional Court’s upcoming review of the law. The Court of Turin has formally asked for clarification on whether these new restrictions violate constitutional rights, equality principles, non-retroactivity rules, and Italy’s international obligations. A decision on this is expected after the Italian summer recess.
Next Steps for Applicants
If you have a pending Italian citizenship case or were impacted by the recent law changes, now is a critical time to act. Those who sign the necessary addendum to reactivate their case and proceed through the court process may benefit from an early submission—potentially avoiding backlogs and long delays once the Constitutional Court issues its decision.
Key Takeaways From Judgment No. 142/2025
- Confirms citizenship by descent is a birthright without generational limits.
- Does not yet reverse the restrictions introduced by Law No. 74/2025.
- Strengthens the legal basis for challenging the recent amendments.
- A final ruling on Law No. 74/2025 is expected later in 2025.
Frequently Asked Questions
Does this ruling remove the new two-generation limit?
No. The Court upheld the principle of unlimited generational citizenship but did not overturn Law No. 74/2025, which currently restricts recognition to two generations. That law remains in effect until the Constitutional Court reviews it later in 2025.
What does this ruling change right now for applicants?
It reinforces the legal argument that citizenship by descent should have no generational limit, strengthening challenges to the new law. However, it does not change the current requirements applicants must meet today.
When will the Constitutional Court decide on Law No. 74/2025?
The review is expected after Italy’s summer recess, with a ruling anticipated later in 2025. Until then, the law’s restrictions continue to apply.
Your Path to Citizenship Starts Here
The recent Constitutional Court ruling marks a significant moment for anyone pursuing Italian citizenship by descent. While the principle of citizenship without generational limits has been reaffirmed, the current restrictions under Law No. 74/2025 remain in force for now. A further Constitutional Court review later this year could reshape the rules, so staying informed—and acting early—is crucial.
We encourage you to reach out to the Italian American Citizenship Assistance Program to discuss your specific situation, reactivate your case, or get answers to any questions you may have. Our team remains fully committed to helping you navigate every step of the process in this evolving legal landscape.