A New Legal Milestone
On July 31st, 2025, the Italian Constitutional Court issued a long-awaited decision —
Judgment No. 142/2025 — that directly addresses a growing legal debate: how far back in
the family line can someone claim Italian citizenship by descent?
The ruling comes in response to questions raised by a few lower courts, which were unsure whether Italy’s broad recognition of citizenship for descendants beyond the second generation was still in line with the Constitution. They even asked whether the Court could introduce similar limits to those later established by the government in its March 28 Law Decree, which restricts citizenship recognition to only the first and second generations.
In its decision, the Court reaffirmed an important principle: while Parliament has the power to set the rules for acquiring citizenship, those rules must always respect the Italian Constitution. But the judgment doesn’t just protect the rights of those applying under the old law. It also outlines key constitutional principles that will likely influence how citizenship laws evolve — especially as the Court prepares to examine Law 74/2025, the government’s new legislation, in the coming months.
A Strong Reaffirmation of Citizenship by Blood
At the heart of the decision is the Court’s powerful reaffirmation of the permanent and imprescriptible nature of citizenship acquired through descent. It is interesting and illuminating that the Court chose to use the same wording used by the Supreme Court (Corte di Cassazione) in its authoritative precedents on Italian citizenship by descent:
“Lo status civitatis fondato sul vincolo di filiazione ha carattere permanente e è imprescrittibile [e] giustiziabile in ogni tempo in base alla semplice prova della fattispecie acquisitiva integrata dalla nascita da cittadino italiano.”
“The status of citizen based on the bond of filiation is permanent and imprescriptible, and may be recognized at any time by simple proof of the birth of a child of an Italian citizen.”
This principle confirms that Italian citizenship does not expire, lapse, or diminish with time, distance, or political change — it is an identity transmitted by blood and recognized by law.
The Limits of Legislative Power
While acknowledging that Parliament retains the authority to define criteria for the acquisition of citizenship, the Court stressed that such rules must respect constitutional limits — particularly the principles of reasonableness and proportionality. It made this distinction clear:
“Compete al legislatore individuare i presupposti per l’acquisizione dello status di cittadino, ma spetta a questa Corte accertare – al metro della non manifesta irragionevolezza e sproporzione – che le norme che regolano l’acquisizione dello status civitatis non si discostino dai principi costituzionali.”
“It is up to the legislator to define the criteria for acquiring the status of citizen, but it is up to this Court to verify — in light of the absence of manifest unreasonableness and disproportionality — that the rules regulating citizenship do not deviate from constitutional principles.”
In this sense, the Court has sent a firm message: while legislative innovation is legitimate, it must remain within the bounds of Italy’s constitutional identity and human rights framework.
No to Arbitrary Restrictions
One of the most significant aspects of the ruling is the Court’s clear rejection of arbitrary restrictions on jure sanguinis recognition — such as the lack of territorial ties or concerns over “democratic risks.” These arguments, increasingly used in recent political debates, were found to be both inadmissible and unfounded. The Court confirmed that citizenship by descent cannot be denied on vague or ideological grounds.
Judicial Restraint and Democratic Legitimacy
Importantly, the Constitutional Court also reiterated its institutional role, refusing to assume legislative functions by rewriting rules through judicial means. This confirms its commitment to democratic balance: safeguarding rights while respecting the legislative process.
At the same time, the Court reaffirmed the constitutional limits that Parliament must respect. The decision solidifies the legitimacy of jure sanguinis and warns against future attempts to rewrite the concept of Italian identity without a solid constitutional basis.
What Comes Next: Judgment on Law 74/2025
Following the publication of this landmark ruling, a new constitutional challenge to the recent restrictions on Italian citizenship by descent is already underway. These restrictions were introduced by Decree-Law No. 36 of March 28, 2025, and later converted into Law No. 74 of May 28, 2025.
On July 25, the Turin Civil Court accepted a constitutional petition jointly filed by two associations representing Italians abroad — AGIS (Associazione Giuristi Iure Sanguinis) and AUCI (Avvocati Uniti per la Cittadinanza Italiana). The petition questions the compatibility of the new legislation with the Italian Constitution. The Constitutional Court is expected to hear the case between late 2025 and early 2026.
In the meantime, applications submitted before March 27, 2025, remain governed by the previous legal framework and are thus protected. Applications submitted after that date are subject to the new restrictions — but the recent ruling significantly strengthens the legal arguments against their application. Only those limitations that fully comply with constitutional principles, particularly the right to citizenship by descent, can be considered lawful.
📢 Read more about filing your petition for Italian dual citizenship now https://smartdualcitizenship.com/blog/italian-citizenship-through-great-grandparents-latest-court-updates-law-2025/
Final Reflections
Sentenza 142/2025 does not overturn Law 74/2025, but it does set the legal tone for its review. It reminds us that Italian citizenship is not a discretionary privilege but a fundamental right rooted in the Constitution.
As lawyers dedicated to the protection of these rights, we will continue to follow every step of this historic legal journey — and to defend the dignity and identity of Italian citizens around the world.
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