As many of you are aware, a new legal framework governing Italian citizenship by descent (cittadinanza iure sanguinis) came into effect on March 28, 2025, through the enactment of Law no. 74/2025. This law introduces substantial restrictions, limiting eligibility to descendants born abroad up to the second generation. In practical terms, grandchildren of Italian citizens remain eligible, while great-grandchildren and subsequent generations are excluded from applying under this route.
(Please note that this article is updated to 8 October, 2025)
Even if you already hold the Italian citizenship, having it for your children born has become much more difficult and, for many, even impossible. Various new restrictions apply to the children you already have and those you will have in the future. You may read all the details in my article at this page.
What raises particular concern is the retroactive application of these restrictions: the law explicitly states that they apply to all individuals who had not completed their citizenship registration by March 27, 2025, regardless of when their application was initiated.
This retroactivity is widely viewed by legal professionals as deeply problematic, as it appears to violate fundamental legal principles and constitutional protections, undermining the legitimate expectations and acquired rights of many families who had initiated their processes under the previous legal regime.
To defend these families, we have already asked the Courts of Naples, Venice, Bari, Campobasso, and L’Aquila to refer this issue to the Constitutional Court. Our argument is clear: this retroactive rule violates fundamental constitutional principles, including:
- Equality — it creates unfair discrimination between second and third-generation descendants.
- Protection of acquired rights — it takes away citizenship rights people were entitled to expect.
- Access to justice — many applicants were forced into court because of delays at consulates, and now risk losing out again.
- Limits on emergency decrees — the government used an emergency decree without any genuine urgency, which is constitutionally questionable.
This is more than a legal technicality. It goes to the heart of how Italy treats its millions of descendants abroad, and whether they can trust our institutions. Just days ago, President Sergio Mattarella called out the “uncertainty” and “concern” this has caused for Italian communities worldwide.
The Constitutional Problem: Retroactive Limits on a Right by Birth
There is growing consensus among legal scholars and practitioners throughout Italy that this retroactive application is unconstitutional. Many argue it conflicts with the fundamental principle of legal certainty and the right to citizenship by birth under the laws in force at the time the individual was born.
For this reason, my team and I—as well as many other lawyers across Italy—are actively filing judicial petitions to contest the legitimacy of this law and to persuade the courts to apply the previous, more inclusive regime.
First Court Take Action: Turin
It is very encouraging that the Court of Turin have already referred this exact question of constitutional legitimacy to the Italian Constitutional Court. Their focus is on the illegal retroactive effect that would strip citizenship from descendants who acquired it automatically by birth under earlier laws.
This is significant because Italian courts are generally cautious in raising such matters. The fact that two major courts have already done so—so quickly—reflects the seriousness of the issue and its potential impact on millions of Italian descendants worldwide.
The Broader Question: The Reasons of Italians Worldwide
On June 24, the Constitutional Court also examined a related question under the previous law: whether it is constitutional to recognise all direct descendants born abroad from Italian emigrants, without generational limits.
The “Reasons of Italians Worldwide” — that is, the broader principles that support the rights of Italian descendants — are strongly represented in this case. As highlighted by experts and organisations, these include:
- The duty to protect the historical and cultural ties between Italy and its vast emigrant communities around the world.
- The role that Italian descendants have always played in promoting Italian culture, language, and economic relations abroad.
- The principle that the right to citizenship by bloodline (ius sanguinis) is a fundamental link between the Italian State and its diaspora, which should not be severed arbitrarily or retroactively.
- The idea that Italy has a moral and constitutional duty to honour its emigrants and their families by recognising the continuity of citizenship where it was originally acquired by birth.
The Constitutional Court delivered its decision on July 31st and affirmed a fundamental point:
although Parliament has the authority to establish the criteria for acquiring citizenship, such rules must always remain consistent with the Italian Constitution. Importantly, the decision does more than safeguard the rights of applicants under the previous law. It also highlights essential constitutional principles that are likely to shape the future development of citizenship legislation — particularly as the Court is expected to review Law 74/2025, the government’s recent reform, in the coming months.
You’re welcome to read here more information about this all-important judgement.
Practical Steps for Descendants: How to Protect Your Case
If you or your family are affected by these new restrictions, here are some practical steps you should consider right now:
✅ Gather all necessary information and official records that prove your Italian origin — exactly as you would have done before the new restrictions came into force. Ensure you have complete, well-organised documentation to show the uninterrupted chain of citizenship, especially since the burden of proof is now higher.
✅ Apply for citizenship through the Court in Italy — only a judge has the power to set aside an unconstitutional rule and recognize your Italian citizenship as a right you inherited at birth. The goal is to ensure that the law in force at the time of your birth is applied, since that law granted you citizenship by virtue of being born to an Italian parent.
✅ Choose Expertise — Not Just the Lowest Price
When pursuing Italian citizenship by descent through the courts, it is essential to work with highly competent, experienced lawyers who can present your case effectively and maximise your chance of success. The new legal landscape is far from simple:
- The process is no longer just an administrative formality — it is judicial and can be adversarial. It now involves more hearings, closer scrutiny by the State Attorney, and possible intervention by the public prosecutor, all of which can influence the outcome.
- Italian courts differ significantly in how they approach these cases. Outcomes can vary widely depending on the court’s location and the judge’s perspective.
- Even with a positive ruling, an appeal may follow — especially given the current political climate and increased resistance to recognising citizenship for descendants of Italian emigrants.
- Enforcing a favourable judgment — ensuring that your citizenship is correctly registered — has become more challenging due to restrictive practices in local offices and the added complexity of the new legislation.
✅ Be Realistic About What It Takes
This is not — and never has been — a quick, standard procedure. Now more than ever, it demands extensive, high-quality work. Hundreds of hours are often required from lawyers, legal assistants, and supporting professionals to:
- Examine your documentation thoroughly and build a solid case.
- Anticipate issues and respond promptly during all phases.
- Represent you effectively in court, addressing objections and procedural obstacles without delay.
- Manage the execution phase to ensure that your citizenship is actually recorded with the relevant Italian authorities — which can be a complex process of its own.
✅ Understand the True Costs
This level of work cannot be done cheaply. Realistically, you should expect the full cost of competent representation through all stages to start from around €8,000–€9,800, plus about 15% for expenses and €600 per person in court taxes.
Be cautious of agencies or lawyers who advertise unrealistically low fees. Often, these so-called “bargain” prices cover only the initial filing. Clients soon discover additional fees are required to continue — or worse, they are abandoned mid-way when the case becomes too demanding. This practice is not only misleading but deeply unprofessional.
For example, we regularly receive requests for “package deals” with unrealistic budgets, such as:
“I’m interested in a simplified package that includes legal verification of my file, drafting and filing the petition, and representation in court. My budget is €1,000–€3,000. Can you confirm your fees, timeline, and any extra costs?”
In reality, focusing only on the cheapest option or lowest upfront fee can cost far more in the end. Many cases fail due to poor preparation, lack of follow-through, or inadequate representation. With the new, stricter rules, this risk is even greater.
✅ Invest Wisely — It’s Your Heritage at Stake
Your citizenship case deserves careful planning, realistic budgeting, and truly qualified legal support from start to finish. Choosing the right legal team from the outset is the best way to protect your investment — and your family’s future.
Looking Ahead
Although the situation is complex and still developing, there are hopeful legal avenues for challenging this restrictive approach. The Constitutional Court’s upcoming decisions will be crucial in determining how these new rules will ultimately be applied.
I remain at your side to monitor every step closely and to discuss any options that may help you and your family look ahead to a secure future in Italy, should you wish to do so.
Want to stay informed?
Click the “Updates” button below ⬇️ to sign up for our newsletter and receive the latest news directly in your inbox.