The Constitutional Court has ruled on Citizenship by descent. Discover the impact of Judgment 142/2025 and what it means for applicants.
With Judgment no. 142, filed on 31 July 2025, the Italian Constitutional Court dismissed the questions of constitutionality raised by the Courts of Bologna, Rome, Milan and Florence, which had sought to place limits and additional requirements on the automatic recognition of citizenship for the children of Italians born abroad.
The question put to the Court
The referring Courts challenged Act 91/1992, arguing that it allows millions of people with no substantial ties to Italy, other than blood descent from an Italian ancestor, to obtain Citizenship.
The Act states that "the child of an Italian father or mother is a citizen by birth", imposing no limits beyond proof of lineage.
The Court was therefore asked whether it was legitimate to introduce further requirements.
What the Constitutional Court decided
The Court, considering the doubts unfounded, held that:
- It is not its task to restrict citizenship by means of a "manipulative" judgment that would introduce conditions not set by Parliament;
- The legislature enjoys wide discretion in determining the requirements for Citizenship;
- The current provisions (subject to distinctions introduced by Act 74/2025) that accord citizenship to anyone who is the child of an Italian citizen do not breach the Constitution.
Accordingly, the Court declared:
- complaints of unreasonableness and disproportionality inadmissible;
- references to unproven international obligations inadmissible;
- allegations of unequal treatment with other routes to citizenship unfounded.
Consequences of Judgment 142
The ruling:
- does not affect Decree-Law 36/2025, which lay outside the issues decided;
- clarifies that the new rules introduced in 2025 (Decree-Law 36/2025, converted into Act 74/2025) do not apply to cases pending before 28 March 2025.
Therefore:
- Applications lodged before 28 March 2025 continue under the previous rules;
- Applications submitted on or after that date are subject to stricter conditions (e.g. generational limits, proof that an ancestor resided in Italy).
For a closer look at the new criteria: Italian citizenship iure sanguinis—2025 new rules
Suspended proceedings must be resumed
Proceedings that had been stayed awaiting the Court's decision must now be resumed under the pre-2025 legislation.
Constitutional Court and Decree-Law 36/2025: the next step
A further question of constitutionality has been raised by the Turin Court against the 2025 reform.
A hearing is scheduled for the coming months, and the outcome could significantly change the current landscape.
When should you consult a lawyer?
The rules on Italian Citizenship, especially after the 2025 reforms, have become increasingly complex.
It is advisable to consult a law firm in order to:
- confirm entitlement to Citizenship by descent or identify alternative routes;
- prepare documentation correctly;
- avoid errors in the application;
- bring proceedings, if necessary, to secure recognition.
Studio Legale Boccadutri offers tailored advice through its Immigration Department.
Frequently Asked Questions (FAQ)
If I applied before 28 March 2025, do the new rules apply to me?
No. The Court confirmed that the new Act does not apply to proceedings begun before that date.
Is it still possible to obtain Italian Citizenship iure sanguinis?
Yes, provided the application meets the previous requirements (for example, uninterrupted descent from an Italian citizen) under the law in force.
Does Judgment 142/2025 change the rules?
No. The Court ruled attempts to restrict iure sanguinis inadmissible; existing rules remain in force, save for the changes made by Decree-Law 36/2025 for new applications.
Can Parliament still amend the Citizenship law?
Yes.
Do I need a lawyer for a iure sanguinis application?
Yes, if you proceed through the courts; legal assistance is recommended for consular applications.
If I lodged my application before 28 March 2025, am I subject to the new law?
No. The Court has clarified that the new law does not apply to proceedings begun before 28 March 2025.
Is it still possible to obtain Italian citizenship iure sanguinis?
Yes, provided the application meets the previous requirements (for example, uninterrupted descent from an Italian citizen) under the law in force.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
