Italian Constitutional Court Ruling, New Developments May Leave a Path Forward

Key Details:

• On April 30, 2026, the Constitutional Court upheld the restrictive framework introduced by Reform Law N. 74/2025 for Italian citizenship by descent.
• The Court confirmed that applicants who already had a consulate appointment, had booked an appointment, or had a court case pending before the law changed should still be evaluated under the previous law.
• The Court did not define exactly what it means to have been “in the process” for those who were actively trying to obtain a consulate appointment but were unable to do so because of consular delays or appointment unavailability.
• Legal experts believe this could potentially leave a path forward for those who have evidence that they were unable to book a consulate appointment.
• Recent court decisions from Bologna, Salerno, and Trieste granted citizenship on the basis that the applicants should not be prevented from obtaining citizenship because of consular inefficiencies.
• Each case depends on its specific facts, evidence, timeline, and the discretion of the court, so anyone considering this option should seek a legal review before moving forward.

The ruling from the Constitutional Court published on April 30, 2026 regarding Italian citizenship by descent upheld the restrictive framework introduced by Reform Law N. 74/2025. This ruling was extremely important for many individuals and families who spent years of time, effort, and money preparing their Italian citizenship applications, only to find themselves blocked by the new restrictions introduced under the reform law.

The Constitutional Court reviewed only the specific questions raised by the Court of Torino, including whether the new law violated constitutional principles related to equality, retroactivity, and discrimination. The Court ruled that the law did not violate those principles.

While this outcome was disappointing for many people hoping that the door to citizenship would be reopened, the ruling also included an important clarification that seems to leave a path forward for certain applicants.

A Possible Window Remains Open

The Court confirmed that those who had already submitted an application at a consulate, had an upcoming booked consulate appointment, or had a court case pending in Italy prior to March 27, 2025, were protected from the law change and their applications were to be evaluated under the previous law.

The Court also stated that they did not have the power to decide the situation of individuals who were in the process of trying to obtain a consulate appointment when the reform law went into effect, but were unable to do so.

The Court did not define exactly what it means to have been “in the process” of trying to obtain an appointment. However, legal experts believe this could potentially include situations such as:

• Being on a consulate waiting list.
• Having email communication from the consulate confirming that no appointments were available.
• Having proof that the Prenotami booking system was closed or unavailable.
• Having screenshots from the consulate website showing appointment unavailability.

Recent Court Decisions Offer Encouraging Signs

Several lower court rulings were already recognizing citizenship by descent in cases where access to the consulate was objectively unavailable. The Court of Bologna, Court of Appeals of Salerno, and Court of Trieste all have issued a positive ruling within a month of the Constitutional Court decision.

These rulings are encouraging for applicants who can clearly show that they intended to apply for citizenship but were prevented from doing so because of consular delays, unavailable appointments, or other administrative barriers outside of their control.

What This Means for Potential Applicants

This means that individuals who can prove they made serious efforts to schedule an appointment before the law changed may still have a potential argument for citizenship recognition through the Italian courts. However, it is very important to understand that these cases are not automatic. The success of each case remains dependent on its specific details, procedural circumstances, and the supporting documentation. Each court may approach this issue differently, and each judge has discretion when reviewing the facts of the case.

For those who are not ready to give up on their dream of obtaining Italian citizenship, there may still be a possible path forward. If you have the previously mentioned proof that you were “in the process”, a legal consultation can help determine whether a court case may be available, what strategy may be strongest for your situation, and what risks should be considered before moving forward.

If you would like to learn more, please fill out the form below with information regarding your case. Our team of experts will review your case details and will contact you with next steps.