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Italian Citizenship by Descent After 2026

A Changing Landscape

Recent headlines have caused widespread confusion about Italian citizenship by descent. Some suggest the path has been closed altogether. Others imply nothing has changed.

The truth sits somewhere in between those extremes.

Italian Constitutional Court Ruling No. 63/2026 did not eliminate jure sanguinis. What it did was reshape the process. It is now more technical, more evidence-driven, and more dependent on timing than ever before.

For anyone who has ever considered pursuing Italian citizenship, this is a pivotal moment.

What Actually Happened

In March 2025, Italy introduced a significant reform through Decree Law No. 36/2025, later converted into Law No. 74/2025 and commonly referred to as the Tajani Decree. This legislation attempted to limit automatic recognition of citizenship for many descendants born outside Italy, especially beyond the second generation.

Under the new framework, individuals who had not already filed a claim or secured a consular appointment by March 27, 2025 could be treated as never having automatically acquired Italian citizenship, unless they fall within specific exceptions.

On March 11, 2026, the Italian Constitutional Court heard a challenge raised by the Court of Turin, arguing that the law was unconstitutional due to its retroactive effect. According to the Turin court and longstanding jurisprudence, citizenship is a right acquired at birth and cannot be revoked retroactively.

The Constitutional Court published its full decision on April 30, 2026. It rejected the specific constitutional challenge raised by the Turin court and upheld the government’s authority to impose limits by redefining citizenship as a “potential” right until it is formally recognized. Based on that new interpretation, it held that the legislature could impose retroactive restrictions on those who had not taken action by the March 27 deadline.

Importantly, however, the Court evaluated only the precise constitutional questions raised in that referral. The ruling did not resolve every possible question arising from the Tajani Decree.

The Key Issue That Remains Open

The most significant aspect of the ruling is what the Court deliberately left undecided.

 

It explicitly left unresolved the position of individuals who took steps toward citizenship before March 27, 2025, but were unable to complete the process, often due to factors outside their control such as chronic consular appointment backlogs.

The Court itself stated:

“One cannot treat as equivalent, from the standpoint of legitimate expectations, those who acted compared to those who remained inactive in the face of a status that requires prior recognition for the effective enjoyment of the rights attached to it.”

In other words, the Court drew a distinction between:

  • People who took no action
  • People who made a genuine effort to begin the process

That distinction is now at the center of ongoing and future litigation.

Italian courts have already begun recognizing this argument. In April 2026, in a case handled by our partner law firm, a Bologna court granted citizenship to third and fourth-generation descendants who had not secured appointments but were able to demonstrate documented intent before the deadline.

What Counts as “Taking Action”

One of the most important developments following the ruling is the broader understanding of what qualifies as initiating the citizenship recognition process.

 

It is no longer limited to securing a consular appointment.

Based on the Constitutional Court’s language and subsequent legal interpretation, relevant evidence may include:

  • Requests for vital records or naturalization documents
  • Orders for translations, apostilles, or certifications
  • Written correspondence with consulates, municipalities, courts, churches, government offices, or professionals discussing citizenship
  • Proof of attempts to book consular appointments
  • Engagement with a service provider or attorney
  • Signed agreements or consultations
  • Any documented step that clearly shows intent to pursue recognition

Even a single document dated before the March 27 cutoff can be legally significant. Ultimately, courts will assess these elements on a case-by-case basis.

This interpretation significantly expands the category of applicants who may qualify for protection under the previous legal framework.

Multiple Legal Paths Are Still in Play

The April 30 ruling was not the final word. Even for individuals without documentation showing initiation of the process before March 27, viable legal paths remain open. 

Several developments remain active, each raising different legal arguments from those decided in April:

  • Additional constitutional challenges are scheduled for June 9, 2026 in the Mantova and Campobasso cases.
  • The Supreme Court continues to review the “minor issue” following the April 14, 2026 hearing.
  • A separate strategy based on European Union law is being advanced by our legal partners.

The EU argument is particularly important.

Italian citizens are also citizens of the European Union. EU law generally requires that individuals be given a fair opportunity to exercise or confirm citizenship rights before those rights are restricted. The 2025 reform did not provide such an opportunity. 

Ordinary Italian courts may therefore refer the question of whether the Tajani Decree restrictions are compatible with EU law to the Court of Justice of the European Union, which has final authority on the interpretation of EU law. A favorable decision could require Italian judges to apply the legal framework that existed prior to March 27, 2025, regardless of the Constitutional Court’s position.

“Potential Citizenship” and Retroactive Non-Acquisition

At the heart of the legal debate is whether the Tajani Decree truly establishes a rule of “non-acquisition” of citizenship, or whether it functions in practice as a retroactive loss of citizenship.

The reform states that certain individuals are deemed never to have acquired Italian citizenship.

However, under more than a century of Italian legal doctrine, citizenship by descent has historically been treated as acquired at birth, with administrative or judicial recognition serving only to confirm an existing status.

This creates a fundamental tension. Simply labeling a measure as “non-acquisition” does not necessarily resolve its legal effect. Courts may be required to examine the actual effect rather than the label. In practical terms, applying the reform retroactively may operate in the same way as stripping citizenship, even if described differently.

Our partner attorneys continue to ground their defense strategies in these foundational principles of Italian law, developing multi-layered arguments designed to protect the birthrights of our clients and present the strongest possible cases.

Start Now or Wait?

It is natural to want to wait for clear answers. However, in the current environment, waiting for absolute legal clarity may put you at a disadvantage.

There are two primary reasons:

1. Inaction can weaken your position
The Court has already indicated that individuals who took action may be treated differently than those who did not. Waiting may later be interpreted as lack of intent.

2. The process is becoming more restrictive
Historically, citizenship pathways do not become easier over time. They become more complex and more limited.

If future court decisions determine that the reform conflicts with constitutional principles or EU law, Italy may be forced to allow applicants to proceed under earlier rules. In that case, the Italian government is expected to respond quickly with new limitations. Those with completed portfolios or pending court cases will be best positioned for protection.  

When opportunities arise, those who are ready to file are in a fundamentally different position than those who are just beginning. Those who have not started may find themselves without viable options.

The First Step: Building Your Portfolio

Regardless of how the legal landscape evolves, one thing remains constant:

You cannot obtain citizenship without a complete document portfolio.

An individual assessment is now more important than ever. The process depends heavily on specific facts, timelines, and documentation. Headlines and social media are not a substitute for a proper evaluation by experienced professionals.

At My Italian Family, our goal is to put you in the strongest possible position to obtain recognition of your citizenship. We do this by building portfolios that are:

  • Comprehensive, including all required documentation

  • Accurate, carefully audited and amended when necessary to resolve errors or discrepancies

  • Consistent, structured to withstand judicial scrutiny and minimize issues that could delay or undermine your case

Once your portfolio is complete, our partner law firm in Italy will:

  • Evaluate your case under current legal conditions

  • Develop the strongest possible legal strategy

  • File and represent your claim in court

This two-step approach ensures that your case is both factually solid and legally strategic.

Moving Forward

We believe in transparency. No one can guarantee outcomes, and anyone who promises otherwise is not being honest. Each case is evaluated and decided individually by a judge.

That said, we can state the following with confidence:

  • Opportunities still exist.
  • The legal landscape remains active and continues to evolve.
  • Our legal partners actively advance new strategies as developments occur, and all new filings reflect the strongest version of the defense available at that moment.
  • We believe deeply in the principles of jure sanguinis and remain fully committed to supporting our clients in having their birthright recognized.
  • Those who prepare in advance are consistently in the strongest position for success.

We cannot predict exactly what Italian citizenship law will look like in the future. What we do know is that it has only become more complex over time, and those who take action are always better positioned than those who do nothing. 

The Bottom Line

While the April 30 ruling did not provide a definitive resolution, it opened the door to new legal pathways and left key questions open.

Italian citizenship by descent is not over. But it is no longer something that can be approached passively.

The question is no longer simply, “Am I eligible?” 

The real question is, “Am I prepared when the opportunity comes?”

Because when that moment arrives, preparation will make all the difference.

Contact us today to receive an expert evaluation and determine whether you still have a viable path to your Italian passport.