Full Breakdown
Italy's Constitutional Court Upholds Citizenship Restrictions for Descendants
3/15/2026, 11:57:21 AM
Overview of the New Citizenship Law
On March 12, 2026, Italy's Constitutional Court upheld Law 74/2025, commonly known as the Tajani Decree, which significantly restricts citizenship by descent, or jus sanguinis. This ruling marks a departure from over 160 years of citizenship policy that allowed individuals born to Italian citizens to claim citizenship regardless of the generation. The new law limits eligibility to those with a parent or grandparent born in Italy who held solely Italian citizenship at the time of their child's or grandchild's birth. This change effectively ends the automatic transmission of citizenship through more distant ancestry, impacting millions of individuals with Italian roots worldwide.
Implications for the Italian Diaspora
The ruling has profound implications for the estimated 80 million people of Italian descent, particularly in countries like Brazil, Argentina, and the United States. Between 2014 and 2024, the number of Italian citizens living abroad increased from 4.6 million to 6.4 million, leading to a surge in citizenship applications that overwhelmed Italian consulates. The government cited administrative burdens and concerns over the potential exploitation of citizenship rights as reasons for tightening the rules. Critics argue that these changes sever cultural ties and diminish the connection between Italy and its global diaspora.
Legal Challenges and Future Outlook
Legal experts and citizenship lawyers have expressed disappointment over the court's decision, viewing it as a setback for many families. Professor Corrado Caruso, who challenged the law's constitutionality, described the ruling as a "harsh intervention" that failed to recognize key constitutional points. However, there are ongoing legal challenges, including a significant hearing scheduled for April 14, 2026, at the Court of Cassation, Italy's highest legal authority. Some lawyers, like Marco Mellone, remain cautiously optimistic, suggesting that the law may still be contested in European courts.
Criticism and Opposition
Opponents of the new law argue that it creates disparities within families, where some siblings may have citizenship while others do not, based solely on the timing of their applications. The law also disproportionately affects descendants of Italian women who were unable to transmit citizenship until 1948, further complicating the landscape for those seeking recognition. Critics contend that the government's focus on managing administrative burdens overlooks the cultural and historical significance of citizenship for the diaspora.
What's Next?
As the legal landscape evolves, individuals affected by the new restrictions are advised to review their family records for qualifying links under the new criteria. Those with ongoing cases may consider postponing proceedings until further legal clarity emerges. The upcoming hearings at the Court of Cassation and potential appeals to European courts will be crucial in determining the future of citizenship rights for millions of people with Italian heritage.
Verbatim Quotes
- “It was an extremely clear, harsh intervention, so I had a hope that it would be judged in breach of some constitutional points, but that wasn’t recognized by the court,” — Professor Corrado Caruso, Lawyer
- “The granting of citizenship was perceived as problematic for various reasons,” — Professor Corrado Caruso, Lawyer
- “This doesn’t mean the new law is 100% valid and forever,” — Marco Mellone, Citizenship Lawyer
The Constitutional Court's ruling signals a significant shift in Italy's approach to citizenship, redefining the relationship between ancestry and legal belonging for millions worldwide.
