Encouraging Developments in Italian Citizenship by Descent – Positive Signs from Recent Court Rulings
Author: Dr. Mark Masi
Key Details
- Law No. 74/2025 limits Italian citizenship by descent to parents or grandparents, disqualifying many applying through great-grandparents or earlier.
- President Sergio Mattarella acknowledged the controversy and stated that it could lead to reconsideration.
- On July 31, 2025, the Constitutional Court of Italy reaffirmed that citizenship is acquired at birth by all descendants of Italian citizens, without generational limits.
- This ruling strengthens court cases for applicants claiming citizenship through earlier generations, despite the new law.
- A pending case at the Ordinary Court of Torino challenges the retroactive application of Law No. 74/2025 and will be reviewed by the Constitutional Court in September 2025.
- Recent rulings show legal momentum in favor of applicants, making court cases a promising path for those unable to apply through Italian Consulates.
- Increased chances of success for court cases mean that affected applicants should strongly consider moving forward with legal action now.
If you have been impacted by the recent changes to Italian citizenship law, there is good news. Recent rulings by the Constitutional Court of Italy are giving hope to descendants of Italian citizens who want to claim Italian citizenship by descent. These court decisions strengthen the legal pathway for applicants, even as the new law, Law No. 74/2025, has introduced major restrictions. These decisions provide hope for families seeking to reconnect with their Italian heritage, and they may positively impact current and future applications.
Italian Citizenship Law 74/2025 – Controversy Over New Restrictions
There has been increased controversy in Italy pertaining to the new law regarding Italian citizenship, Law No. 74/2025, which currently limits generational transmission to parents or grandparents. This controversy began within weeks of the issuance of the new law. On June 17, 2025, President Sergio Mattarella made a public statement that the debate regarding the new law within the General Council of Italians Abroad will be “useful” and “worth close attention.” He continued, stating that the debate may lead to “thoughtful evaluation, and perhaps even some reconsideration, of the issues that have emerged.” He also highlighted the historical importance of Italian migration and noted that Italians abroad form an “essential part of our country’s social fabric.”
The Constitutional Court Upholds Core Principles of Citizenship
Since these statements, the Constitutional Court of Italy has gotten involved in the debate. On July 31, 2025, the Italian Constitutional Court made a ruling that confirmed a core principle of Italian Law: Italian citizenship is acquired at birth by descendants of Italian citizens, even if born abroad, and there is no inherent generational limit. This ruling came after courts in Bologna, Milan, and Florence raised constitutional doubts whether it was reasonable to grant citizenship to descendants many generations removed, without strong ties to Italy. The Constitutional Court dismissed these doubts and sent the cases back for hearings.
Why This Ruling Matters for Your Citizenship Case
While this decision does not overturn Law No. 74/2025, which currently limits generational transmission to parents or grandparents, it strengthens court cases for those claiming citizenship through great-grandparents or beyond. Ultimately, it is the role of the Italian Parliament to amend or repeal the law. However, this ruling from the Constitutional Court plays a crucial role in shaping how those laws are interpreted and applied. Their rulings carry significant legal weight, and when they identify conflicts between a law and the Italian Constitution, this can set a strong precedent for lower courts to follow and influence Parliament to revisit the legislation.
Additionally, this decision gives hope that the Constitutional Court will rule favorably on the July 2025 case in the Ordinary Court of Torino. This case challenges the retroactive application of the new law to applicants born before the law change on March 28, 2025. The Constitutional Court is expected to rule in September 2025 and we will provide updates once the court’s decision is announced.
Considering a Court Case for Your Italian Citizenship
For those impacted by the new law and now unable to apply through an Italian Consulate, pursuing a court case may be the most effective path forward. These recent Constitutional Court rulings are a strong and encouraging sign that the judicial system recognizes the rights of descendants to claim citizenship, even in the face of these new restrictions. These rulings demonstrate that the legal momentum is shifting in favor of applicants and is great news regarding the success for these cases. If you are ready to take the next step in reclaiming your Italian citizenship, click below to schedule a call so we can discuss your case and the next steps in the process.