The Italian Constitutional Court has issued an important new decision on the recent reform of citizenship by descent.
The Judgment No. 63/2026 of the Italian Constitutional Court is the first constitutional ruling addressing the changes introduced in 2025, which limited the recognition of Italian citizenship for descendants born abroad.
While it would be premature to draw definitive conclusions, the decision introduces important elements that will shape the next phase of legal interpretation and litigation.
A shift in perspective
In its reasoning, the Court revisits the historical foundations of Italian jus sanguinis, noting that its traditionally unlimited transmission emerged in a very different context—marked by large-scale emigration and a different conception of the State.
Against this background, the Court places new emphasis on the idea that citizenship cannot be understood solely as a formal inheritance. It highlights the relevance of a “genuine link” between the individual and the Republic, connecting citizenship to effective participation in the political and social life of the State.
This marks a conceptual shift that aligns citizenship more closely with contemporary constitutional principles.
Retroactivity and legislative discretion
The Court also addresses the controversial issue of retroactivity introduced by the 2025 reform, which is unusual in the landscape of citizenship reforms which usually leave a few years to applicants to apply before closing. It qualifies the relevant provision as a form of “true retroactivity” and concludes that, under its established test of reasonableness, the legislative balance struck is not unconstitutional.
At the same time, the reasoning leaves room for further reflection. In particular, it raises broader questions about the extent to which legislative changes may affect positions that, while not formally recognized, had long been considered exercisable under a consistent legal framework.
What remains open
Importantly, the judgment does not resolve all pending issues.
Several key aspects remain outside the scope of this first constitutional review. Among them:
- situations involving individuals who had already initiated steps toward recognition before March 2025 but were unable to complete the process due to administrative delays;
- potential arguments grounded in international law and constitutional provisions not directly examined in this case;
- further questions already referred to the Court by other tribunals, which may lead to additional rulings.
In other words, this decision does not close the chapter—it defines the framework within which the next phase will unfold.
What this means in practice
For individuals seeking recognition of Italian citizenship—particularly descendants beyond the second generation—the legal landscape remains complex and evolving.
At this stage, any decision to initiate court proceedings requires careful, case-by-case evaluation. The implications of this judgment cannot be assessed in isolation, but only in light of forthcoming judicial developments and a more consolidated interpretative framework.
My Conclusion
Judgment No. 63/2026 marks a turning point in the legal understanding of Italian citizenship. It confirms a shift in perspective, while leaving open critical questions that will require further judicial clarification.
For now, caution and clarity remain essential.
Practical guidance
A more structured assessment of this decision — including its practical implications for different categories of cases and the options currently available — is now available in my Italian Citizenship Legal Brief.
👉 Access the Legal Brief (€19)
Individual assessment
Every case turns on specific dates, family circumstances, and procedural history. If you require an individual evaluation of your situation and prospects, you may consider booking a Consultation Call.