Italy's Constitutional Court Upholds Controversial Citizenship Law

Italy's Constitutional Court has ruled in favor of the government's 2025 law that restricts citizenship for individuals born abroad, a significant shift from the long-standing principle of citizenship by descent, known as *ius sanguinis*. The law, enacted via emergency decree in March 2025, limits citizenship recognition to those with a parent or grandparent born in Italy, effectively excluding great-grandchildren and more distant descendants. This ruling has sparked widespread concern among the Italian diaspora, who have historically retained their citizenship rights.

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Since Italy's unification in 1861, citizenship has been primarily determined by descent. The recent law has been criticized for undermining this tradition, especially as Italy grapples with a declining and aging population. The government argues that the law addresses concerns over the influx of citizenship applications from abroad, particularly from countries like Argentina, where the number of Italian citizens has surged from 800,000 to over 2 million in two decades. Critics, including legal experts and affected individuals, argue that the law disproportionately affects families, creating disparities where some siblings may have citizenship while others do not.

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The ruling has faced significant backlash from legal experts and advocacy groups. Corrado Caruso, a professor of law at Bologna University, described the law as a "perfect Italian mess," highlighting its retroactive application and the lack of individual assessment for those affected. He criticized the government's approach as excessively harsh, suggesting that less restrictive alternatives could have been implemented. Additionally, the law has been challenged in various courts, with ongoing cases that may further scrutinize its constitutionality.

In court, lawyer calls Tajani Decree 'a perfect Italian mess'

The Italian government, represented by Foreign Affairs Minister Antonio Tajani, has defended the law as necessary to "stop the abuse" of citizenship claims, asserting that it protects the rights of "true Italian citizens." However, dissenting voices within the legal community express concern that the law contradicts Italy's historical commitment to its diaspora and could lead to further legal battles in European courts.

The Local (Italy)

While the Constitutional Court's decision is final and cannot be appealed, legal experts suggest that the debate over citizenship rights is far from over. Upcoming cases, such as one from the Court of Mantua, are expected to present stronger legal arguments against the law. The potential for these cases to reach the European courts remains a possibility, which could reopen discussions on citizenship rights for Italian descendants worldwide.

The Local (Italy)

• “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,” — Corrado Caruso, Law Professor

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• “The legislator created a perfect Italian-style pasta, which this Court is now called upon to remedy,” — Corrado Caruso, Law Professor

In court, lawyer calls Tajani Decree 'a perfect Italian mess'

The ruling's implications are profound, as it not only affects citizenship rights but also reflects broader societal attitudes towards the Italian diaspora and immigration. As the legal landscape evolves, many await further developments that could reshape the future of Italian citizenship.

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