Italian Citizenship: What the March 11 Constitutional Court Ruling Means

⚖️ Update — March 12, 2026

The Italian Constitutional Court has ruled. On March 12, 2026, the Court declared the constitutional challenges to Law 74/2025 partly unfounded and partly inadmissible. Law 74/2025 stands. The two-generation limit for new applications filed after March 27, 2025 is constitutionally legitimate. The retroactivity argument was rejected. There is no automatic reopening for applications rejected under the new rules.

The written ruling is expected by April 2026 and may contain nuances not yet public. If you were rejected after March 27, 2025, consult a citizenship lawyer before taking any action. Alternative pathways — the 1948 rule and the two-year residency route — remain fully available and unaffected by this ruling.

Italian Citizenship and the Constitutional Court: What the March 11 Ruling Means for You

On March 12, 2026, the Italian Constitutional Court issued its ruling on Law 74/2025. The Court declared the constitutional challenges partly unfounded and partly inadmissible. Law 74/2025 stands. This article explains what the Court reviewed, what it decided, and what it means for your citizenship application — whether pending, rejected, or still in planning.

What Is the Italian Constitutional Court Reviewing?

In March 2025, the Italian government issued Decree-Law 36/2025 — the Tajani Decree — converted into Law 74/2025 in May 2025. This law fundamentally changed who qualifies for Italian citizenship by descent (jure sanguinis).

Under the old rules, any person could claim Italian citizenship if they could prove an unbroken line of descent going back to an ancestor who was an Italian citizen after 1861. There was no generational limit — third, fourth, fifth generation descendants could all apply.

The new law introduced a hard two-generation limit. Only those with an Italian parent or grandparent who held exclusively Italian citizenship at the time of the applicant’s birth now qualify automatically. Everyone else was effectively cut off.

The law also applied retroactively — which is where the constitutional challenge comes in. The Court of Turin raised serious concerns that Law 74/2025 stripped citizenship rights already acquired at birth under previous rules.

Why March 11 Is Critical

The Court of Turin referred the constitutional question to Italy’s highest court on September 17, 2025. Two challenges — from Turin and from Mantua — are now before the Constitutional Court.

The hearing is March 11, 2026. A final written decision is expected by April 2026. The Court will examine Article 3-bis of Law 91/1992, which introduced both the generational limit and the retroactive application.

This is not a procedural hearing. The ruling will be binding on all courts and public authorities (erga omnes) and could immediately change the legal landscape for pending, rejected, and future claims.

What the Court Decided — and What It Means for You

⚖️ The Court's Decision — March 12, 2026

The Constitutional Court declared the challenges to Law 74/2025 partly unfounded and partly inadmissible. The two-generation limit stands. The retroactivity argument was rejected.

What this means:

Applications filed before March 27, 2025 remain fully protected
New applications beyond the second generation are not eligible under jure sanguinis
No automatic reopening for applications rejected under the new rules
Written ruling expected by April 2026 — may contain important nuances

→ What To Do Now

If you applied before March 27, 2025:

Your case is fully protected. Focus on ensuring your documents are complete.

If you were rejected after March 27, 2025:

Consult a citizenship lawyer before taking any action. Wait for the written ruling in April.

If you are beyond the second generation:

The 1948 rule and the two-year residency pathway remain fully available and unaffected by this ruling.

What About the Cassazione Sezioni Unite?

Separately, Italy’s Supreme Court (Corte di Cassazione, Sezioni Unite) is expected to rule in spring 2026 on the ‘minor issue’ — whether a child automatically lost Italian citizenship when an Italian parent naturalised in another country.

This affects cases where the line runs through an ancestor who naturalised while their children were still minors. If the Sezioni Unite clarify this in favour of descendants, it could open additional pathways for applicants who believed their line was broken.

The two rulings together represent the most significant period of Italian citizenship law in decades.

⚠️ Disclaimer

Italian Roots Finder is a document retrieval service — we find and retrieve official Italian civil records. We are not lawyers and cannot give legal advice on your eligibility. For legal guidance, consult a qualified Italian citizenship attorney.

What You Should Do Right Now

If You Have a Pending Application (Filed Before March 27, 2025)

Your application is protected under the old rules regardless of what the Court decides. Your priority now is ensuring all required documents are in order. Missing or incomplete records are the most common reason for delays and rejections — not the law itself. If you’re still waiting on birth certificates, marriage records, or death records from Italian archives, now is the time to chase them down.

If You Were Rejected or Deemed Ineligible Under the New Rules

Wait for the March 11 ruling before making any decisions. If the Court strikes down the retroactive provisions, you may have strong grounds to appeal or reapply. Speak with a citizenship lawyer after the decision is published.

If You Haven't Applied Yet and Are Beyond the Second Generation

The Constitutional Court ruling is your most important near-term event. If the retroactive provisions are struck down, you may still qualify under the pre-2025 rules. In the meantime, gather your documents now. If the ruling goes in your favour, there will be a surge of new applications — and Italian archives will face significant backlogs. Having your documents ready puts you ahead of the queue.

If You Qualify Under the 1948 Rule (Maternal Line)

The 1948 court route is unaffected by the Constitutional Court ruling — it operates through a separate judicial process. This pathway remains viable and active regardless of the outcome.

How Italian Roots Finder Can Help

Whatever the Constitutional Court decides, one thing remains constant: you will need official certified documents from Italian archives to support any citizenship claim — whether through a consular application, a court case, or a residency pathway.

We are based in Italy and work directly with comuni, state archives, and parish registers to retrieve the official birth, marriage, and death certificates your case requires.

Get Your Documents Ready

Submit your ancestor's details and we'll verify which records exist and where they're held — within 48 hours, free of charge. With a ruling expected by April 2026, now is the right time to get your documentation in order.

Start My Free Records Search →

Italy-based researcher. No result, no fee.

This article will be updated as soon as the Constitutional Court publishes its decision — expected by April 2026. Bookmark this page or follow Italian Roots Finder for updates.

If you have questions about retrieving Italian documents for your citizenship case, use the contact form. We respond within 48 hours.