Regulation Changes

What the Constitutional Court Decided

On April 30, 2026, the Italian Constitutional Court deposited Sentenza n. 63/2026 (ECLI:IT:COST:2026:63), reported by Justice Pitruzzella under President Amoroso. The case originated with eight Venezuelan-born descendants of an Italian ancestor (born in Turin in 1837, emigrated to Venezuela, never naturalized) who filed a court claim on March 28, 2025 — one day after the new decree's cutoff. The Tribunal of Turin referred four constitutional questions to the Court.

The Four Holdings

Equality and legitimate expectation (arts. 2 & 3 of the Italian Constitution) — Rejected. The Court found it reasonable for Parliament to distinguish between those who had already filed an application, booked a consular appointment, or filed a court case before March 28, 2025, and those who had not. Those who took no action by that date have no protected expectation strong enough to override the public interest in the reform.

EU citizenship (art. 9 TEU and art. 20 TFEU, via art. 117 §1 Cost.) — Rejected. The Court held that the EU Court of Justice case law on loss of citizenship (Rottmann, Tjebbes, Udlændinge-og Integrationsministeriet) does not apply here, because those cases concern individuals whose citizenship status had already been formally recognized. Art. 3-bis does not strip a recognized status; it forecloses an as-yet-unrecognized claim. No preliminary reference to the CJEU was required.

Universal Declaration of Human Rights, art. 15 §2 — Inadmissible. The UDHR is not a binding international instrument capable of triggering art. 117 §1 Cost.

European Convention on Human Rights, Protocol No. 4, art. 3 §2 — Inadmissible. That provision protects the right of recognized citizens to enter their own State, not a right to acquire or retain citizenship.

The Court's Reasoning, in Plain English

Citizenship requires a "genuine link" with Italy. The Court accepted Parliament's premise that the pre-2025 system — unlimited transmission of citizenship by descent without any residency, language, or connection requirement — had drifted away from the constitutional model of citizenship as active participation in a national community of shared political destinies (voting, fiscal duties, loyalty, social solidarity).

The scale of the issue justified the reform. The Court noted Parliament's estimate of roughly 60 million potential italo-discendenti worldwide, the great majority with no real connection to Italy, and the exponential rise in iure sanguinis recognition cases — pending court proceedings rose from 23,654 in 2022 to 61,628 in 2024. The Court accepted that this affected national security, social cohesion, and the integrity of the Italian electoral process, including the ability to reach quorum in abrogative referenda.

Retroactive effect is permissible. The Court held that limiting the reform only to people born after the decree's entry into force would have been unreasonable, because the date of birth is a "casual factor" — not itself an indicator of any genuine link with Italy. Restricting the reform to future births would have left the underlying problem essentially untouched.

Legitimate expectation is weakened in this context. Those affected never held a formally recognized status — only a "virtual" claim that required administrative or judicial accertamento before any rights could be exercised. People had decades in which they could have applied; failure to do so cannot be equated with active reliance on the prior rules. The reform was foreseeable in light of comparative European law (France, Germany, the United Kingdom, and Spain all impose limits on transmission of citizenship to those born and resident abroad) and recent Italian legislative signals, including bills introduced in October 2024 and a new fee structure for citizenship cases enacted in December 2024.

Compensatory measures matter. The Court gave weight to offsetting benefits introduced by the same decree for people of Italian origin: easier naturalization (the residency requirement was reduced from three years to two); a facilitated work-visa channel for descendants of Italian citizens who hold the nationality of a country of significant Italian emigration (implemented by interministerial decree of November 17, 2025), outside the standard immigration quotas; an extended window — now until 11:59 PM Rome time on May 31, 2029 — for parents who were recognized as Italian citizens before the decree to register their minor children for citizenship acquisition; and a new "beneficio di legge" route to citizenship for foreign minors with an Italian-citizen parent or grandparent.

What This Means in Practice

The legal landscape that took effect on May 24, 2025, is now fully confirmed. The rules described further down this page — including the parent/grandparent born-in-Italy requirement, the "exclusively Italian" criterion, the two-year residency option, and the eligibility table — remain the operative law. Your situation depends on what action you took before March 28, 2025:

• If you were already recognized as an Italian citizen, or filed a complete application, booked a consular appointment, or filed a court case before 11:59 PM Rome time on March 27, 2025 — your case is governed by the pre-reform rules. Nothing in this ruling changes your position.
• If you took none of those steps by that deadline — the new criteria apply to you, and the Constitutional Court has now confirmed they apply lawfully. A judicial route is no longer a path around the substantive eligibility rules; the courts must apply art. 3-bis as enacted.
• If you have a parent or grandparent who was born in Italy and held only Italian citizenship (including at the time of death), or a parent or adoptive parent who lived in Italy as an Italian citizen for at least two consecutive years before your birth or adoption — you may still qualify under the new law. See the eligibility table below.
• If you do not qualify under the new descent rules, the compensatory measures introduced by the same decree may offer alternative paths, including the reduced two-year naturalization route for foreign nationals of Italian origin and the facilitated work-visa channel. We can review your specific situation in a consultation.

Source: Corte Costituzionale, Sentenza n. 63/2026 (ECLI:IT:COST:2026:63), filed April 30, 2026.

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Background: The March 2025 Reform

The content below was written following the March 2025 reform and remains accurate as a description of the substantive rules. The April 30, 2026 ruling above confirms that these rules are in force.

Changes to Italian Citizenship by Descent

The Italian government has enacted sweeping reforms to the rules governing citizenship by descent (jure sanguinis). According to officials, these changes are intended to reinforce the link between Italian citizenship and a demonstrable connection to the country, while also addressing misuse of the existing process.

These new requirements are in addition to the original eligibility criteria. To qualify under the current law, you must meet both the previous requirements and the newly introduced conditions.

Summary of Key Changes

1. Introduction of Residency Requirements

Before: Applicants could claim Italian citizenship by descent without any residency prerequisites.

Now: If claiming through a grandparent who did not exclusively hold Italian citizenship at the time of their claim or death (if already deceased), applicants must have resided in Italy for at least 2 years before submitting the application.

2. Stricter Lineage Criteria

Before: Citizenship could be claimed through any Italian ancestor, as long as the line was unbroken and the ancestor did not naturalize before the next person in the line was born.

Now: Citizenship by descent is limited to cases where the applicant's parent or grandparent was born in Italy.

3. Impact of the "Minor Issue"

Before: Children born abroad retained Italian citizenship even if their Italian parent naturalized while the child was a minor.

Now: If an Italian ancestor naturalized while their child was a minor (under 21 before 1975, under 18 after), the child's citizenship is considered interrupted. Descendants must show proof the ancestor reacquired Italian citizenship to qualify.

4. Changes in Administrative Procedures

Before: Applicants could apply through consulates or Italian municipalities.

Now: Many applicants will need to file court cases in Italy, especially if affected by the "Minor Issue" or other complexities.

5. Transitional Provisions

Applicants who submitted a complete application, booked a consulate appointment, or filed a court case before March 28, 2025, will be evaluated under the previous rules.

Primary Updates

Beginning May 24, 2025, new rules governing Italian citizenship, especially for those seeking recognition through ancestry, took effect. The law outlines distinct requirements based on an individual's current status and timing of application.

Individuals Already Recognised as Citizens

Anyone already granted Italian citizenship \u2014 either through a consulate application or court decision \u2014 is confirmed as an Italian citizen by birth ("per nascita").

Applicants Who Took Action Before March 28, 2025

If, by 11:59 PM Rome time on March 27, 2025, you had either:

• Submitted a complete citizenship application to a consulate or municipality,
• Scheduled a consulate appointment for citizenship, or
• Filed a legal claim for citizenship in Italian courts,

then your case will be evaluated according to the pre-existing rules.

Applicants Who Took No Action by March 28, 2025

Those who did not take any of the steps listed above by the March 27 deadline are now subject to the new, more restrictive criteria. Under the updated law, an adult born abroad and holding foreign citizenship can only be recognised as an Italian citizen if either of the following applies:

• A parent or grandparent held only Italian citizenship (or held it exclusively at the time of their death), or
• A parent or adoptive parent resided in Italy as an Italian citizen for at least two consecutive years before the applicant's birth or adoption.

Rules for Children Born Outside of Italy

Children born abroad are no longer automatically considered Italian citizens at birth unless:

• They have a parent or grandparent who was solely an Italian citizen (including at the time of death), or
• A parent or adoptive parent lived in Italy for two continuous years as an Italian citizen before the child's birth or adoption.

However, such children may still acquire citizenship ("per acquisto") under these conditions:

• Their parent is recognised as an Italian citizen by birth, and the birth is registered within one year, or
• The child resides in Italy for two continuous years while still a minor.

Citizenship From Birth vs. By Acquisition

Italian citizenship can be acquired in two main ways: from birth or by acquisition. The conditions vary based on where you were born, your parent or grandparent's citizenship status, and whether certain legal or residency actions were taken.

You Are an Italian Citizen From Birth If:

• You were born in Italy to a parent who was already an Italian citizen.
• You were born abroad to a parent who was exclusively an Italian citizen (i.e., held no other nationality).
• You were born abroad to a grandparent who was exclusively an Italian citizen (and your parent was not Italian).
• You were born abroad to an Italian citizen parent (even if dual citizen) who lived in Italy for at least 2 years as an Italian citizen before your birth or adoption.

You May Become an Italian Citizen By Acquisition If:

• You were born abroad to a parent who was an Italian citizen from birth, your parent made a formal declaration for you to be recognized as Italian, and you lived in Italy for 2 consecutive years as a minor.
• You were born abroad to a parent who was an Italian citizen from birth, your parent declared you as Italian, and registered your birth within 1 year.
• You were born abroad to a current or former Italian citizen parent from birth, your parent did not register your birth within 1 year, you reside in Italy for 2 years as an adult, and you obtain a B1-level language certificate. Your minor children may be included.
• You were born abroad to a current or former Italian citizen grandparent from birth, your parent didn't register your birth within 1 year, you reside in Italy for 2 years as an adult, and you obtain a B1-level language certificate. Your minor children may also be included.

Eligibility Reference Table

Updated 27 May, 2025

Next Steps and Anticipated Developments

The Italian Ministry of the Interior is expected to release an official directive (circolare) outlining procedural guidelines for the new law's implementation. However, this guidance may take weeks or months to arrive. Until then, many consulates, embassies, and municipalities may pause or delay processing new citizenship requests under the amended law.

Applications will generally fall into one of three categories based on submission date:

• Before March 28, 2025 — Subject to the old rules
• March 28 to May 23, 2025 — During the temporary decree period
• On or after May 24, 2025 — Subject to the new permanent law

Consulates are expected to continue processing pre-decree applications and may accept and hold applications linked to appointments booked prior to March 28. Procedures may vary by consulate.

Frequently Asked Questions

Should I continue even though I don't qualify under new regulations?

Yes. The general consensus among attorneys is to continue collecting your required vital records. Even if the administrative path is no longer available to you, you may still be able to petition the Italian courts for citizenship recognition through an experienced attorney.

I no longer qualify, but if my parent becomes a recognized citizen am I eligible?

Potentially. If your parent is recognised as an Italian citizen from birth, there are pathways for you to acquire citizenship depending on your situation. Refer to the eligibility table above for the specific conditions that may apply.