The Constitutional Court of Italy will hold a public hearing this Wednesday, March 11, 2026, to analyze the legitimacy of the so-called... Tajani DecreeThis discussion could directly influence the rules for Italian citizenship by descent.
The trial is being followed by descendants of Italians from various countries, as well as lawyers and associations working in the field of citizenship.
Despite expectations, the decision is not expected to be released immediately after the hearing.
What is being analyzed?
The Court will examine questions regarding the constitutionality of the reform that altered the rules of Italian citizenship jure sanguinis.
Decree-Law No. 36 of 2025, later converted into Law No. 74 of 2025, introduced a generational limit for the recognition of citizenship. Under the new rule, only people with a father or grandfather who is an Italian citizen can apply for recognition.
Before the change, Italian citizenship by descent could be passed down indefinitely, as long as the family line had not been broken.
The change significantly reduced the number of descendants who can apply for recognition of citizenship.
Questions about constitutionality
Three Italian courts have referred questions to the Constitutional Court regarding the compatibility of the new law with constitutional principles: Turin, Mantua, and Campobasso. (with two raised cases).
Among the points discussed are potential conflicts with the principle of equality before the law, the limitation of rights for descendants of Italians, and the possible retroactive application of restrictions.
The court will specifically assess the validity of Article 3-bis of Law No. 91 of 1992, included by the reform approved in 2025.
The decision should not be immediate.
Wednesday's hearing marks the beginning of the public review of the case, but the verdict is not usually announced on the same day.
The Italian Constitutional Court has a history of publishing its decisions weeks after the hearings take place.
In many cases, the interval between the hearing and the publication of the sentence easily exceeds 30 days. Therefore, even after Wednesday's trial, there may still be a waiting period before the official announcement of the decision.
Possible scenarios
The Constitutional Court may reach different conclusions.
One possibility is to uphold the validity of the law and maintain the generational restrictions introduced in 2025.
Another possibility is to declare parts of the reform unconstitutional, which could modify or eliminate some of the established limits.
There is also the possibility of the rule being completely annulled, which would reinstate the previous model of Italian citizenship transmission by descent.
There is still the possibility that the Court will declare the inadmissibility of the case. In this scenario, known in the Italian legal system as inadmissibilityThe merits of the issue would not be analyzed.
This may be because the action that originated the questioning was filed on March 28, 2025, in the Turin Court, while the decree that changed the citizenship rules was published the following day.
Expectations among descendants
The trial is being closely followed by Italian communities abroad.
For many descendants who have already started the process or intend to apply for recognition of citizenship, this decision could define the course of the next steps.
This Wednesday's hearing marks a significant moment in the legal debate about Italian citizenship and the relationship between Italy and its descendants around the world.
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