Many people believe that Italian citizenship by descent (iure sanguinis) can be recognized indefinitely, spanning an unlimited number of generations. However, this interpretation overlooks an essential historical and legal reality.
The Historical Limit: Italy’s Unification
Italy, as a unified nation-state, is relatively young, officially established only in 1861. Before that, individuals from the Italian peninsula were subjects of various separate entities, such as the Kingdom of Naples, the Republic of Venice, and several other independent states. Consequently, the people originating from these pre-unitary states cannot retroactively be considered Italian citizens, as Italy itself did not yet exist.
The Practical Limit: How Many Generations Can Claim Citizenship?
Today, most applicants seeking Italian citizenship by descent are third, fourth, or even fifth and sixth-generation descendants of Italian emigrants. But can this process extend indefinitely?
The answer is likely no. The Italian Civil Code provides a significant restriction: “The law does not recognize kinship beyond the sixth degree.” (Article 77).
This means that, for legal purposes, relatives beyond the sixth degree are not considered family members. While there is currently no explicit generational limit in Italian nationality law (Law No. 91/1992), this provision in the Civil Code suggests that courts may eventually apply such a limitation.
A Possible Legal Challenge on the Horizon
To date, I have never been asked to assist someone more than six generations removed from their Italian-born ancestor. However, should such a case arise, a judge might very well argue that the sixth-degree kinship limit applies, effectively capping the generational reach of citizenship claims.
A recent legal development may further influence the future of iure sanguinis citizenship. In November 2024, the Court of Bologna raised a constitutional legitimacy question regarding the current Italian citizenship law, which does not impose any generational limits on citizenship by descent (Article 1 of Law No. 91/1992). The court challenged the regulation’s validity, suggesting that it may conflict with constitutional principles. The Italian Constitutional Court will hold a hearing on this matter in June 2025.
However, it is unlikely that the Italian Constitutional Court will strike down the current law or impose a strict generational cutoff. Any significant restriction on iure sanguinis citizenship would require careful legislative revision rather than a simple judicial ruling.
Possible Legislative Changes
The Italian Parliament is also considering limiting the right to Italian citizenship. Discussions have been underway since 2024 and could be completed by 2025. A new draft law aims to introduce specific criteria requiring applicants to demonstrate a close connection to Italy. In particular:
- For 1st, 2nd, and 3rd-degree descendants, this means demonstrating proficiency in the Italian language at the B1 level.
- Those beyond the third degree will have an additional requirement: a one-year residency in Italy.
Find out more about the possible changes to Italian law and how they can affect future applications for Italian dual citizenship.
Conclusion
While Italian citizenship by descent remains a widely recognized right, historical, legal, and judicial factors suggest that an unlimited generational claim may not be sustainable. The potential application of the sixth-degree kinship rule, ongoing legal challenges, and possible legislative reforms indicate that future changes could be on the horizon. Those seeking recognition of Italian citizenship should remain informed about evolving legal interpretations and potential new requirements.
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