Encouraging Signs Ahead of March 11 Italian Citizenship Court Hearing
Many clients have asked about the upcoming March 11, 2026 hearing before the Italian Constitutional Court concerning Law 74/2025 and its potential impact on Italian citizenship by descent.
While we are waiting for the Court’s formal decision, recent legal developments provide encouraging signals about how Italian courts may interpret the so-called “Tajani Decree.” Several recent court decisions illustrate how Italian judges are continuing to interpret citizenship law in practice.
Before reading further, it is important to understand a key distinction.
To understand why these cases are significant, it is important to recognize a commonly misunderstood fact: Given you qualify, Italian citizenship by descent is not granted when you apply. It was already granted at the time of your birth. The purpose of the process is simply to have the Italian government formally recognize that fact and issue the corresponding legal documentation, including citizenship records and passports.
A Key Constitutional Court Decision
On July 31, 2025, the Italian Constitutional Court issued Decision No. 142/2025, confirming that Italian citizenship by descent (jure sanguinis) remains valid without generational limits. The Court stressed that citizenship acquired at birth cannot be revoked retroactively. The Court reaffirmed a long-established legal principle:
“…citizenship by birth is acquired by original title iure sanguinis, and the status of citizen, once acquired, has a permanent nature, is imprescriptible and can be enforced at any time on the basis of the simple proof of the fact of acquisition integrated by birth as an Italian citizen.”
Other Post-Decree Court Decisions Continue to Recognize Citizenship Claims
Recent rulings across Italy demonstrate that courts are continuing to recognize citizenship by descent claims based on these long-established principles.
Examples include:
2nd & 3rd Generation (GP-GGP)
Filed Post-Decree June 2025 → Approved October 2025
Judge ruled that the plaintiffs met the burden of proof of recognition: an unbroken line of transmission without generational limits.
2nd & 3rd Generation (GP-GGP)
Filed Post-Decree May 2025 → Approved November 2025
Judge ruled that the plaintiffs met the burden of proof of recognition: an unbroken line of transmission without generational limits.
4th Generation (GGGP) – 1948 Case with “Minor Issue”
Filed Post-Decree April 2025 → Approved November 2025
Judge ruled that Law 74/2025 did not apply due to both non-retroactivity and long-established protections for maternal descent prior to 1948.
While every case is unique and timelines among cases can vary significantly, these rulings demonstrate that courts continue to apply longstanding citizenship principles even after the introduction of the 2025 law.
Why Preparation Still Matters
Regardless of how the Constitutional Court ultimately rules, one thing does not change. A successful citizenship claim always depends on the strength of the documentation.
Applicants must prove:
the acquisition of Italian citizenship by descent
a continuous and uninterrupted line of transmission with no loss of citizenship
Building that documentation takes time and requires careful preparation and review. Civil records must be located, discrepancies corrected, apostilles obtained, and translations prepared.
What To Do Now
Although the upcoming Constitutional and Supreme Court hearings are approaching, it may take several weeks for the courts’ written decisions to be officially published. We are closely monitoring these proceedings and will provide updates to our clients as soon as confirmed decisions are released.
If you’re a current client, as always, reach out to your PM with any questions.
If You Are Considering Full-Service Handling of your Italian Citizenship Claim
A professional evaluation can help clarify eligibility and the most appropriate path forward. With over two decades of experience, we help clients identify viable pathways and prepare complete citizenship portfolios, from eligibility review through document preparation and execution with our partner law firm in Italy when court petitions are required.