Outcome of the June 24 Hearing Before the Italian Constitutional Court: No Retroactive Limits on Citizenship by Descent before the reform

On June 24, 2025, the Italian Constitutional Court issued a highly anticipated decision regarding the recognition of Italian citizenship by descent (jure sanguinis) without generational limits and without requiring an “effective link” to Italy, such as residence, language proficiency, or cultural integration. Some lower courts in Bologna, Rome, Milan, and Florence had questioned the constitutionality of this approach, arguing that it allows recognition of citizenship for individuals with no real connection to the Italian community, potentially conflicting with the constitutional concept of “the people” and with European and international law principles.

The Court rejected the question. It did not rule on the merits of whether limiting citizenship by descent is appropriate. Instead, it declared the challenges inadmissible on procedural grounds, emphasizing that the rules on citizenship fall within the exclusive authority of the Italian Parliament, which enjoys broad discretion in this field however, having always respect to the supreme legal principle. Any decision to impose generational caps, require residence, or introduce language tests would amount to creating new law—something only Parliament can do, not the Court. The Court also found the challenges too vague and broad to allow for a precise ruling without effectively rewriting the entire legal framework.

Regarding claims of “unequal treatment” between those acquiring citizenship by descent and those obtaining it through marriage—who face stricter requirements such as residency and language tests—the Court rejected the argument. It explained that these are legally different situations: jure sanguinis is considered an “original” acquisition based on bloodline, while citizenship by marriage has a different legal foundation and purpose.

The Court also acknowledged that, while the case was pending, Parliament passed Decree-Law No. 36 of 2025, introducing limits to jure sanguinis for future applicants. However, it made clear that this new law does not apply to applications filed before it came into force, and the Court did not evaluate the constitutionality of the new law in this ruling.

Bottom line: The Court’s decision preserves the status quo for all existing and past jure sanguinis applications submitted under the previous unlimited framework. Parliament has the authority to set new rules for the future, but the Court will not impose retroactive restrictions. This ruling provides legal certainty for thousands of descendants of Italian citizens whose applications were filed before the recent reform.