Full Breakdown
Italy's Constitutional Court Upholds Citizenship Restrictions for Descendants
3/15/2026, 10:36:31 AM
Overview of the New Citizenship Law
On March 12, 2026, Italy's Constitutional Court upheld a controversial law, known as the Tajani Decree, which restricts citizenship by descent (ius sanguinis) to individuals with a parent or grandparent born in Italy. This ruling effectively ends the long-standing principle that allowed citizenship to be claimed through multiple generations, impacting millions of descendants worldwide. The law, enacted via emergency decree in March 2025, has faced significant legal challenges, but the court's recent decision indicates strong support for the government's position.
Implications of the Ruling
The new law stipulates that only those whose parent or grandparent held solely Italian citizenship at the time of the descendant's birth can claim citizenship. This change has significant implications for the estimated 80 million people globally who claim Italian descent, particularly in countries like Argentina, Brazil, and the United States. The Italian Foreign Ministry reported a surge in citizenship applications from 4.6 million to 6.4 million Italian citizens living abroad between 2014 and 2024, leading to overwhelmed consulates and regional courts.
Criticism and Opposition
Critics argue that the law creates disparities within families, as some siblings may qualify for citizenship while others do not. Legal experts, including Corrado Caruso, have expressed disappointment, stating that the ruling represents a harsh intervention against those who believed in their right to citizenship by descent. Furthermore, the law has been criticized for potentially alienating the Italian diaspora, which has historically served as a cultural and economic bridge to Italy.
Official Statements & Responses
Italian Foreign Minister Antonio Tajani has defended the law, citing the need to manage the overwhelming number of citizenship applications and to ensure that citizenship reflects genuine ties to Italy. He stated, “Being an Italian citizen is a serious thing. It's not a game to get a passport that allows you to go shopping in Miami.” Meanwhile, legal experts continue to pursue further challenges, with a key hearing scheduled at the Court of Cassation on April 14, 2026.
Conflicting Reports & Gaps
While the Constitutional Court's ruling has been largely interpreted as a setback for those seeking citizenship through distant ancestry, some legal experts remain cautiously optimistic. Marco Mellone, a citizenship lawyer, noted that the law is not necessarily permanent and that there may still be avenues for appeal in both domestic and European courts. The court's decision has left unresolved questions regarding the treatment of individuals who had previously acquired citizenship under the old rules.
What's Next?
The legal landscape surrounding Italian citizenship is set to evolve further, with additional hearings scheduled that may challenge the new law's constitutionality. The Court of Cassation's upcoming decision could provide a different interpretation of citizenship rights, potentially reopening pathways for those affected by the new restrictions. As Italy grapples with its demographic challenges, the balance between managing citizenship applications and honoring its historical ties to the diaspora remains a contentious issue.
