Questions and Answers – What changes after the Italian Court’s decision

O Italianism prepared a FAQ with the main questions about the effects of recent decision of the Constitutional Court of Italy. Although the ruling did not directly analyze the Tajani Decree — which changed the law of Italian citizenship by descent —, legal experts point out that the understanding reached by the Court strengthens the arguments against the new rule.

The decision also has a direct impact on suspended proceedings and paves the way for future legal action.

1. The Constitutional Court's decision had a direct impact on the Tajani Decree, which amended the law on Italian citizenship?
No. The decree remains in effect. However, the ruling strengthens arguments that can be used to challenge it in court.

2. Did the Court directly analyze the content of the Tajani Decree?
No. The decision did not directly address the new law, as it was not part of the judgment. Still, the content of the ruling provides grounds that could guide future decisions.

3. Why is the decision considered historic for descendants of Italians?
Because it is the first manifestation of Constitutional Court on the right to Italian citizenship by blood (jure sanguinis). Although other instances, such as the Court of Cassation, have already recognized this right, this is the first time that the highest constitutional court

4. What did the Court say about the role of Parliament and the Court itself?
He stated that Parliament can amend the citizenship law, but that these changes are not exempt from constitutional review. The Court can declare unconstitutional any rule that violates constitutional principles.

5. What is the relevance of the citation to the decision of the Court of Cassation?
The Court reaffirmed that the bond of filiation is the legal title for the acquisition of Italian citizenship. Birth only establishes this bond, and no subsequent rule can impede this right. According to the Constitutional Court, this type of acquisition of citizenship is “original”, and the right is “permanent and imprescriptible, and may be recognized at any time based on simple proof of birth of an Italian citizen”.

6. What is required to be eligible for Italian citizenship, according to this decision?
Prove with documentation that you are the child, grandchild, or great-grandchild of an Italian citizen. This right is permanent and does not depend on the law in force at the time of recognition. The Court states that "it is the status of child, as such, that constitutes the basis for acquiring citizenship.".

7. How does the decision affect descendants who were born and reside abroad, such as in Brazil or Argentina?
The decision upholds the right of descendants born and residing abroad, such as in Brazil or Argentina, to obtain Italian citizenship by filiation, without the need to prove residence or cultural ties to Italy. The Court rejected claims that citizenship for these descendants violates the concept of "people" or popular sovereignty, as provided for in Article 1, second comma, of the Italian Constitution.

8. Does this decision by the Constitutional Court mean that I can file a lawsuit with greater security?
Yes. The ruling provides additional support to those who wish to seek legal action, reinforcing that the right to citizenship by descent is imprescriptible.

9. Does this Court decision benefit those who already had a case underway?
Yes. Although the new law did not yet exist when the case reached the Court, the ruling reinforces the understanding that the right to citizenship by filiation is legitimate. This legally strengthens the claims made before the new legislation and signals the Court's position for future judgments.

10. My process was stopped. Will it be resumed?
Yes. Suspended proceedings must be resumed. Hearings will be rescheduled or scheduled as determined by the judges in each case.

11. When should the final judgment on the new law take place?
This is expected to occur at the end of 2025 and beginning of 2026. Legal experts believe that the decree could be invalidated before the middle of the year.

12. Should the Court consider the Tajani Decree constitutional?
It's unlikely. The Court's understanding paves the way for the recognition that the decree creates unconstitutional inequalities, especially by treating identical situations differently before and after March 27.

13. What happens if the decree is declared unconstitutional?
The previous rules would return to effect. However, political and legal instability could lead to the creation of new barriers.

14. Can the administrative route be resumed?
Yes. If the decree is overturned, lawsuits by residence or route consulate can be accepted again, at least temporarily.

15. Will Parliament continue to try to limit access to citizenship?
Yes. Even in the face of favorable decisions, there is a clear political tendency within the Meloni administration to restrict access to citizenship iure sanguinis.

16. What types of limitations can still be approved?
In addition to the language or cultural ties requirement, the most worrying proposal is the creation of a centralizing body in RomaExperience with similar cases, such as that of the Trentino residents, shows that this can lead to extreme delays and near-paralysis of processes.

17. What, in practice, happens if a central nucleus is created in Roma?
Centralization tends to create delays and overload. Experience with Trentino has shown that single analysis structures make processes slower and more bureaucratic, creating nearly insurmountable obstacles.

18. I am eligible for Italian citizenship. Should I start my application now?
If you have the financial means and are not in a rush, yes. Starting legal proceedings now can be strategic, as the legal landscape is likely to become more restrictive.

19. Does this decision change anything regarding minor children?
Possibly. The Court indicated that a filiation bond is sufficient for citizenship recognition. This may benefit minors who were not included in their parents' case.

20. I had a child before the Tajani Decree. What is the best way to ensure his or her citizenship is recognized?
If the filiation bond already existed before March 27, there is a solid legal basis for recognition of Italian citizenship iure sanguinis. The judicial route may be a viable alternative, even if it was not included in the original process.

21. I had a child after the Tajani Decree. Can he be recognized as an Italian citizen by blood?
The new law no longer guarantees automatic recognition—although legal experts consider this change unconstitutional. The only exceptions are if the application was filed before March 27, 2025, if the parent was exclusively Italian at the time of the child's birth, or if they resided in Italy for two years before the birth. Outside of these cases, citizenship can be granted as a benefit of the law, provided it is requested within one year of the child's birth.

22. Does the Court's decision protect minors born after March 27, 2025, affected by the Tajani Decree?
Indirectly. The Court stated that filiation is sufficient for citizenship, which can be used to argue that restrictions in the Tajani Decree, such as the two-year residency requirement for the parent, are unconstitutional. However, the ruling does not directly address cases of minors born after this date.

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