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The Italian Constitutional Court has issued a notice of public hearing, announcing that the discussion on the constitutional legitimacy of the Citizenship Law has been scheduled for 11 March 2026.
The final decision is expected by April.
This ruling will be crucial for thousands of Italian descendants worldwide.
The Court has set the hearing to review the constitutionality of Decree-Law 36/2025, converted into Law 74/2025, which introduced drastic changes to the acquisition of Italian Citizenship by descent (Iure Sanguinis).
This decision is not merely procedural. It will have a direct and potentially retroactive impact on the right to Citizenship for thousands of descendants of Italians who emigrated abroad, whether they have already applied, whether they intended to apply but were deemed ineligible, under the new rules introduced by Decree-Law 36/2025, or whether they are planning to submit an application.
What will the Constitutional Court decide and why is it crucial?
The Constitutional Court will assess the preliminary question raised by the Tribunal of Turin, which expressed serious doubts regarding the constitutional legitimacy of certain amendments introduced by Law 74/2025, which converted Decree-Law 36/2025 with modifications.
Specifically, the Court will examine the constitutionality of the new Article 3-bis of the Citizenship Law (Law 91/1992).
This new provision introduced a two-generation limit for the automatic acquisition of citizenship, undermining the historic concept of iure sanguinis, which until then allowed a transmission line starting as far back as 17 March 1861, the date of the proclamation of the Kingdom of Italy, marking the point from which a person could be considered an Italian citizen.
The new law applies to applications submitted after 27 March 2025 by applicants born abroad who also possess another citizenship.
Grounds for the constitutional legitimacy challenge
The issue raised concerns the possibility that the new restrictions may be unreasonable and disproportionate, conflicting with European law and with constitutional principles.
If the Court decides that the restrictions introduced by Decree-Law 36 and ratified by Law 74 are unconstitutional, they would be annulled with erga omnes effect meaning they would cease to apply to everyone.
The key issue under review: Citizenship is no longer automatic
The new Article 3-bis states that descendants of Italian citizens born abroad who already possess another Citizenship at birth no longer automatically acquire Italian Citizenship.
They must instead submit a formal application, either personally or through their parents if they are minors.
The Tribunal of Turin believes that this rule does not meet constitutional standards, especially when applied retroactively to foreign-born individuals who were born before the entry into force of the new law.
In simple terms, the Court must decide whether the Italian state can deny automatic citizenship to those who were born before the reform and who, until recently, were considered Italian citizens by right of blood.
The impact of the decision on italian descendants
The final decision of the Court will determine whether the new restrictions are compatible with the Constitution.
The outcome of the hearing scheduled for 11 March 2026 will have direct consequences for anyone involved in Citizenship by descent procedures:
1. For those who have already submitted an application and are awaiting a decision
If the Constitutional Court declares the new Article 3-bis (or parts of it) unconstitutional, the stricter restrictions introduced by Law 74/2025 would be retroactively annulled.
Pending applications could then be reassessed under the previous, more favourable rules.
If, instead, the Court upholds the constitutionality of the provision, all applications submitted after 27 March 2025 will remain subject to the new, more stringent requirements.
2. For those whose application has been rejected
Applicants whose requests were rejected after 27 March 2025 based on the new rules particularly because of the generational limit restricting acquisition to the second generation may have a new opportunity.
A ruling of unconstitutionality would provide a solid legal basis to file an appeal in court, challenging the rejection on the grounds of constitutional rights violations.
3. For those who have not yet applied
The Constitutional Court's decision is highly anticipated in order to resolve the current climate of uncertainty.
If the Court upholds the law, the generational limit will remain, excluding descendants beyond the second generation.
If the law is struck down, those descending from an Italian great grandfather meaning a fourth generation ancestor could resume their application process in the hope of obtaining Italian citizenship.
Opinion of the Court of Cassation also awaited
In addition to the Constitutional Court, the Joint Sections of the Court of Cassation have also been called to intervene.
The Court of Cassation must provide a uniform and binding interpretation on other controversial issues, including
- The retroactive application of Law 74/2025
- The so-called minor issue, namely the interruption of the bloodline when the father naturalised in another country while his minor children were living with him.
The ruling of the Court of Cassation, for which no hearing date has yet been set, is expected to provide clear guidance and a definitive answer to uncertainties concerning the interpretation of the 1912 rules.
Why legal assistance is essential for italian Citizenship
The legislative and judicial landscape surrounding Italian citizenship is currently extremely complex and volatile.
New rules, pending challenges before the Constitutional Court, and unresolved issues before the Court of Cassation create a legal maze that is difficult to navigate alone.
Relying on incomplete documents, missed deadlines especially for minors born abroad or a mistaken interpretation of your family line could result in the permanent loss of your right to citizenship.
Our Immigration Department lawyers monitor every hearing and judicial development in real time, ensuring advice based on the most up to date legislation and the most effective procedural strategies.
Contact us today to assess your case in light of Law 74/2025 and the open questions raised by recent case law.
Operational Table for Typical Cases (Iure Sanguinis)
| Typical case | Current legal situation | Main risk | Best action to take now | Next key deadline |
| Judicial application already filed before 28 March 2025 | In principle protected under the previous framework. Retroactivity is being challenged and is under review by the Constitutional Court | Attempts to apply new generational limits during ongoing proceedings | Strengthen reliance interests and arguments against retroactivity. File targeted submissions and update supporting documentation | Constitutional Court hearing 11 March 2026 |
| Administrative or consular application filed before 28 March 2025 but still undecided | Grey area. Some offices are attempting restrictive interpretations. Issue central to the Turin referral | Rejection or suspension with application of Law 74/2025 | Request a decision through formal notice. If blocked, consider an appeal focused on retroactivity | Constitutional Court hearing 11 March 2026 |
| No application filed yet, descendant within two generations | Still within the safer perimeter even after the reform | Consular delays and stricter evidentiary requirements | Submit the application to the consulate immediately or file a court action with complete documentation | Evolving practices 2025 to 2026, possible guidance from Cassation |
| No application, descendant beyond two generations for example, great grandfather | Affected by the 2025 reform unless meeting new requirements. Constitutionality under review | Automatic rejection or need to meet additional requirements | Consider a strategic judicial action based on alleged unconstitutionality. Act before the Constitutional Court ruling | Constitutional Court hearing 11 March 2026 |
| Judicial proceedings to be initiated now, descendant beyond two generations | Litigation begins amid full legislative uncertainty | Risk of rejection if the judge immediately applies the 2025 law | File an action with a dual approach. Request recognition and challenge the constitutionality of the law. Ensure robust documentation | Constitutional Court hearing 11 March 2026, then probable cascading effects on lower courts |
| Citizenship already recognised in the past administrative or judicial | Consolidated status. The reform should not affect already recognised citizens | Isolated attempts to review cases only in instances of fraud or major errors | No ordinary action needed. Keep genealogical documentation well organised in case of review | No specific deadline |
| Case with minor documentary issues errors in records, female lines, inconsistencies | Case law tends to require flawless files from the outset | Procedural barriers or lengthy adjournments | Conduct a genealogical audit before filing. Make corrections and additions in advance | Depends on the court, but effects are immediate |
| Consular procedures extremely slow or frozen without formal decision | Phenomenon increasing after the reform, especially in South America | Indefinite stalemate and loss of priority in the waiting list | Send formal notice for obligation to decide. If unresolved, file an appeal for failure to act or pursue judicial action | Depends on the consulate, but advisable to act within 60 to 90 days of the stalemate |
FAQ on the Constitutional Court decision and Citizenship by descent
When will the Constitutional Court decide on the citizenship reform
The hearing is scheduled for 11 March 2026, with a decision expected by April.
What is the main issue under review
The legitimacy of the new Article 3-bis of the Citizenship Law, which eliminates automatic acquisition for descendants born abroad who hold another citizenship.
Do the new rules apply to those born before 2025
Yes, under Law 74/2025 the application is retroactive, but this is precisely one of the contested issues before the Court.
What is the risk for those who have already applied
If the law is upheld, applications submitted after 27 March 2025 will remain subject to the new limits. If declared unconstitutional, previous rules could once again apply.
Can rejected applicants appeal
Yes. A ruling of unconstitutionality would provide a solid basis for challenging rejections based on the new generational limits.
What should those who have not yet applied do
It depends on generational distance. Descendants within two generations may still proceed. Those beyond the second generation may consider waiting or initiating a strategic court action.
Does the reform affect those who are already Italian citizens
No. Citizenship already recognised remains valid, except in cases of fraud or serious documentary errors.
What role will the Joint Sections of the Court of Cassation play
They must clarify controversial issues such as the retroactive effect of Law 74/2025 and the minor issue.
Could the Court's decision affect everyone
Yes. A ruling of unconstitutionality would apply erga omnes.
Why is legal assistance recommended
Because the regulatory framework is complex, constantly evolving and filled with important deadlines, particularly for pending cases, minors and applicants beyond the second generation
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.
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