In a landmark decision published on July 31, 2025, the Italian Constitutional Court reaffirmed the legitimacy of citizenship by descent (jus sanguinis) for individuals born outside Italy. The ruling, issued under Sentence No. 142/2025, rejected constitutional challenges raised by four ordinary courts—Rome, Milan, Florence, and Bologna—against the long-standing legal framework that allows descendants of Italian nationals to claim citizenship regardless of generational distance or territorial ties.
In summary, the Court deemed inadmissible and unfounded the attempt to restrict the recognition of citizenship by descent based on criteria such as lack of territorial connection or risk to democracy. It reaffirmed that this is a legitimate form of acquiring citizenship, recognized under Italian law since 1865.
“The status of citizenship based on the parent-child relationship is permanent and imprescriptible, and may be claimed at any time through simple proof of the qualifying circumstance, namely birth to an Italian citizen.”
The Court not only ruled on aspects of the right to citizenship but also highlighted the role of Parliament in defining the criteria for acquisition. It affirmed that the definition of rights falls within the competence of the legislature.
However, Judge Emanuela Navarretta, who authored the decision, noted that the Court’s role is to assess whether citizenship laws remain compatible with constitutional principles under the lens of proportionality and reasonableness. The ruling concluded that the current framework, which allows citizenship to be transmitted through lineage without territorial requirements, remains constitutionally sound.
While the Court’s decision preserves the principle of jus sanguinis, it does not interfere with the recently enacted Law No. 74/2025, which introduces new restrictions on citizenship eligibility. Approved by Parliament in May, the law limits recognition to children and grandchildren of Italian nationals born abroad, effectively excluding more distant generations.
The Court clarified that its ruling applies only to cases filed before Decree-Law 36/2025 came into effect and does not address the constitutionality of the 2025 reforms.
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Nonetheless, the Court’s reasoning may lay the groundwork for future challenges to Law 74/2025. By reaffirming the legitimacy of citizenship by descent and emphasizing the need for proportionality in legislative changes, the decision could influence how new reforms are interpreted and contested.
In other words, the ruling strengthens legal actions against Law 74/2025 and supports claims based on its unconstitutionality, providing an additional legal argument for those affected by recent changes.
Moreover, the decision brings legal certainty to cases initiated before March 27, 2025, when there were no generational limits for acquiring citizenship—a matter challenged by the courts referenced in the ruling.
However, caution is still advised, as the decision does not invalidate the law but rather opens legal precedents.
The debate focused exclusively on the potential unconstitutionality of Law No. 74/2025 will take place between the end of 2025 and the beginning of 2026. Until then, the law remains unchanged.
