The Italian Constitutional Court is expected to release its decision by July 31st regarding the constitutionality of recognizing Italian citizenship through jus sanguinis — that is, by blood relationship — without generational limits. The opinion must be issued before the Judiciary's recess, which begins on August 1st, as determined by Italianism.
The audience, held on June 24, in RomeThe hearing was convened after the Bologna Court raised doubts about the validity of Article 1 of Law No. 91/1992, which forms the basis of the current model of Italian citizenship by lineage.
Other courts, such as those in Milan, Florence, and Rome, have also suspended similar proceedings pending a decision from the Supreme Court.
Recent changes in legislation
It is expected that the deliberation will consider the new Law No. 74/2025, which consolidated the Tajani Decree and established limitations on the recognition of citizenship through descent. According to the new text, only the children and grandchildren of Italians who were born in Italy or who only have Italian citizenship can undergo the process.
Defense attorneys argued that these requirements are unconstitutional, claiming the changes restrict a right that has been guaranteed for over a century.
Repercussion among descendants
The session was attended by representatives of the Italian community abroad. The outcome is eagerly awaited by thousands of Italian descendants with ongoing legal proceedings.
If the Court finds that the new law violates the Constitution, the restrictions may be nullified. If there is no ruling on the law, the issue will have to be analyzed in a new judicial proceeding.
On the 25th of June, the Turin Court accepted action of AGIS (Associazione Giuristi Iure Sanguinis) and AUCI (Avvocati Uniti per la Cittadinanza Italiana), which also questions the constitutionality of the new rule. The request will be analyzed by the same Court.
The Italian-descendant community has high expectations, as the trial could directly affect the citizenship rights of millions of people outside Italy.
