Italy's Constitutional Court on March 13, 2026, upheld the 2025 law restricting citizenship by descent, confirming that millions of people with distant Italian ancestry no longer qualify for automatic recognition.
The decision rejected challenges to Law 74/2025 (formerly Decree-Law 36/2025, or the Tajani Decree), which caps jure sanguinis transmission at parents or grandparents born in Italy. Retroactive from March 27, 2025, the rule excludes claims through great-grandparents or further back unless specific residency conditions apply.
The court found the restrictions constitutional, citing state interests in preventing abuse, managing consular backlogs and preserving citizenship integrity. A full written ruling is expected soon.
Introduced as an emergency measure in March 2025 and converted in May, the law addressed massive application volumes — some consulates faced decades-long waits — and concerns over passport commercialization. Foreign Minister Antonio Tajani called it essential to restore order.
An estimated 80 million people worldwide claim Italian descent, with large communities in Brazil, Argentina and the United States. Many sought EU citizenship for mobility, work and travel benefits. The change affects those born abroad with another citizenship unless proving a direct recent link.
Grandparent-based claims remain valid only if the grandparent was born in Italy; earlier generations no longer confer automatic rights. Applications filed before the cutoff continue under old rules, with roughly 60,000 such cases pending.
The ruling follows a July 2025 decision affirming citizenship from birth, which had raised hopes for overturning retroactivity. Instead, the March outcome solidifies the narrower framework.
Other 2026 updates include a February Palermo court ruling allowing some Italo-Argentinian applicants blocked by consulate delays to proceed under pre-law rules. The Supreme Court will hear arguments on retroactivity for pre-2025 births on April 11, and the long-standing "minor issue" (naturalization breaking transmission) may see resolution later this year.
Parliament passed Bill 1683 in January 2026, shifting adult jure sanguinis processing to a centralized Rome office from 2029 with annual quotas. Consulates handle cases through 2028.
Critics argue the law severs cultural ties for diaspora communities formed during 19th- and 20th-century emigration. Supporters say it curbs exploitation and eases administrative strain.
Alternatives for those now ineligible include 10-year residency naturalization (sometimes reduced) or citizenship by marriage (two years). Reacquisition remains open until December 31, 2027, for certain pre-1992 losses.
Diaspora groups expressed disappointment, with some planning further appeals. Immigration lawyers recommend checking family records for qualifying links or pre-cutoff filings.
The affirmed restrictions mark a major shift in Italy's citizenship policy, closing a long-open door to global Italian heritage while preserving pathways for closer ties.
Originally published on ibtimes.com.au
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