Italian Citizenship By Descent: How The 2026 Constitutional Court Ruling Affects Your Application

The topic of Italian citizenship by descent (jure sanguinis) has become one of the most searched legal subjects worldwide, particularly among applicants from the United States, Brazil, Argentina, Canada, and Australia. A recurring question among descendants of Italian emigrants is whether Italian citizenship is becoming harder to obtain.

A decisive answer has recently come from the Italian Constitutional Court with Judgment No. 63/2026, issued on 30 April 2026, which addressed key constitutional challenges raised against the 2025 reform of Italian citizenship law.

The 2025 Reform and Constitutional Challenge

The 2025 reform introduced stricter conditions for citizenship by descent, aiming to limit automatic recognition in certain cases and to require a more substantial link with Italy in specific situations.

The reform was challenged before several Italian courts, including the Tribunal of Turin, which raised doubts regarding its compatibility with:

• the Italian Constitution (particularly the principle of equality under Article 3),
• EU citizenship provisions under Article 9 TEU and Article 20 TFEU,
• and international human rights principles.

The case was therefore referred to the Constitutional Court, which ruled with Judgment No. 63/2026 (30 April 2026).

What the Constitutional Court Decided (Judgment No. 63/2026)

With this ruling, the Constitutional Court declared the constitutional questions either unfounded or inadmissible, confirming the general legitimacy of the legislative framework introduced by the reform.

In particular:

• The Court declared unfounded the question of constitutional legitimacy concerning Article 3-bis of the new law in relation to Article 3 of the Italian Constitution (principle of equality);
• It also declared unfounded the question alleging a violation of Article 9 of the Treaty on European Union (TEU) and Article 20 of the Treaty on the Functioning of the European Union (TFEU), which grant EU citizenship to anyone holding the nationality of a Member State;
• The Court declared inadmissible the question raised for alleged violation of Article 15(2) of the 1948 Universal Declaration of Human Rights, which states that “no individual shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

In simpler terms: Italy can regulate citizenship more strictly, but cannot do so arbitrarily.

What This Means for Foreign Applicants (US, Brazil, Argentina, Canada)

For people applying for Italian citizenship by descent, this decision is extremely important.

Here is what it practically means:

1. Jure Sanguinis is still valid

The principle of citizenship by bloodline has NOT been abolished.

2. Restrictions are constitutionally allowed

Italy can introduce limits, especially for very distant generations or cases with minimal connection to Italy.

3. “Real connection” is becoming more relevant

Future reforms may increasingly focus on:

• generational distance
• residency history
• administrative timing rules
• proof of lineage continuity

4. More legal uncertainty for pending cases

Expert Italian Immigration Lawyers for Citizenship and Immigration Law Assistance

If you are searching for Italian immigration lawyers specializing in citizenship and immigration law, it is essential to rely on professionals who are fully up to date with the latest legal developments, including Law No. 74/2025 and recent Constitutional Court rulings. The law firm Arnone & Sicomo provides highly specialized legal assistance in matters of Italian citizenship by descent (jure sanguinis), supporting clients in complex cases such as “minor issue” claims, 1948 maternal-line cases, and appeals against citizenship denials.

With a tailored, case-by-case legal strategy, the firm assists international clients from the USA, Brazil, Canada, and Australia, offering clear communication in English and a transparent approach throughout the entire legal process. For individuals seeking experienced Italian immigration attorneys, citizenship recognition support, or legal representation in court proceedings, Arnone & Sicomo delivers comprehensive assistance aimed at securing and protecting the right to Italian citizenship in an increasingly complex regulatory environment. 

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.