In a historic decision, Italy’s Constitutional Court rejected the restrictions imposed by Law 74/2025, which limited Italian citizenship by descent (jure sanguinis) to children and grandchildren of Italian citizens. The court reaffirmed that citizenship by blood is a birthright, acquired automatically under the law in force at the time of birth, with no generational limits. This ruling opens the door for millions of descendants of Italians worldwide who had been excluded by previous reforms.
What the Constitutional Court Ruled
In ruling No. 142/2025, issued on July 31, 2025, Italy’s Constitutional Court addressed three fundamental principles:
- Citizenship by Descent is a Birthright: Italian citizenship by blood is acquired automatically at birth, according to the law in effect at that time, with no need for subsequent recognition.
- No Generational Limits Before 2025: Before Law 74/2025, there were no generational limits on the transmission of Italian citizenship by descent.
- Need for Individual Judicial Review: Restrictions on citizenship must allow for individual legal review, and arbitrary administrative rules are insufficient.
This decision allows individuals affected by previous reforms, such as Law 74/2025, to legally challenge those restrictions.
Impact on Diaspora Communities
Millions of people, especially in Latin America, lost the right to Italian citizenship by descent due to the 2025 reforms. In Brazil, for example, many descendants of Italians who migrated in the 19th and early 20th centuries were excluded. The Constitutional Court’s decision represents a significant victory for these communities, enabling them to claim their Italian citizenship.
Next Steps and Legal Implications
Following the Constitutional Court’s ruling, descendants of Italians affected by the 2025 reforms can now seek judicial recognition of their Italian citizenship. The Court also emphasized that significant changes to citizenship rules must occur through proper legislative processes, not arbitrary administrative decisions. This ensures that future reforms respect the rights of citizens and the Italian diaspora.
References:
- Italy Court Ruling Opens Door To Citizenship by Descent – Latitude World
- Constitutional Court Dismisses Challenges to Italian Citizenship by Descent – Mazzeschi
- Italian Constitutional Court confirms validity of automatic citizenship – Your Way to Italy
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