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Understanding Jus Sanguinis: What Is Citizenship by Right of Blood?

Italy’s citizenship system is built on one of the oldest legal principles still active in modern nationality law: jus sanguinis, or the “right of blood.” Under this principle, citizenship is transmitted from parent to child, regardless of birthplace. This differs sharply from jus soli, or the “right of the soil,” used in countries like the United States and Brazil, where citizenship is granted automatically to anyone born on national territory.

For millions of descendants of Italian emigrants in North and South America, Australia, and beyond, jus sanguinis has long provided a pathway to reclaim their Italian nationality and reconnect with their heritage.

Global Comparison: Jus Sanguinis vs. Jus Soli

To understand Italy’s approach, it helps to look at how countries around the world determine citizenship at birth. The generalized map below illustrates broad global patterns:

  • Red = Jus Sanguinis (primarily citizenship by descent)
  • Blue = Jus Soli (primarily citizenship by birthplace)

Across most of Europe, Asia, and Africa, citizenship is based on bloodline, with a few notable exceptions such as Tanzania, Lesotho, Chad, and Pakistan, which follow jus soli. In contrast, the Americas largely adhere to birthright citizenship. 

At the same time, a number of countries use hybrid systems that blend both principles. These mixed‑model nations combine elements of descent-based citizenship with conditional forms of jus soli.

These contrasting systems create profound differences in how citizenship is passed down. In Italy’s case, the right of blood often extends across generations without any inherent limit, allowing descendants far removed geographically to maintain a legal connection to their country of origin.

Italian Citizenship Law: The Historical Foundation

Law 555 of 1912: Protecting Italian Emigrants and Their Children

In 1912, Italy enacted Law 555/1912, which formally allowed descendants of Italians born abroad, even in jus soli countries like the U.S., to retain and transmit Italian citizenship. The law explicitly states that a child born abroad who becomes a foreign citizen through jus soli still maintains Italian nationality unless an ancestor voluntarily renounced it. 

This provision ensured that Italian identity could continue across generations, despite mass emigration in the early 20th century.

Law 91 of 1992: Jus Sanguinis as the Core Citizenship Principle

Law 91/1992 reaffirmed the dominance of jus sanguinis. A child born anywhere in the world to an Italian parent is automatically Italian from birth, and no generational limit is defined in the law.

The Supreme Court Position: Citizenship as a Permanent, Inalienable Right

For decades, the Italian Court of Cassation (Supreme Court) has repeatedly affirmed a crucial principle:

“Citizenship acquired by birthright is an original and permanent status… Once acquired, citizenship has a permanent and imprescriptible nature. It may be claimed at any time upon simple proof of the constitutive fact of acquisition.”
— Court of Cassation, United Sections, Judgment No. 25318/2022; reaffirming earlier Judgment No. 4466/2009

The meaning of these rulings is clear:

  • Italian citizenship exists at birth for qualifying descendants.
  • It cannot be retroactively removed by later legislation.
  • It may be formally recognized at any time, without expiration.

This legal reality has remained consistent for over a century and is reflected in what happens once an application for citizenship by descent is complete. The applicant is issued a new Italian birth certificate, recorded in the ancestor’s town of birth. This finalizes the procedure of being legally recognized as an Italian citizen from birth.

Eligibility Requirements for Citizenship Jure Sanguinis

To qualify under the traditional rules, applicants must demonstrate:

  • An ancestor who was alive or born after Italy’s unification (March 17, 1861).

  • An unbroken chain of citizenship, meaning no ancestor naturalized before the birth of the next in line (with exceptions for women naturalized involuntarily through a spouse).

  • The qualifying ancestor did not naturalize before July 1, 1912 (with exceptions for women naturalized involuntarily).

  • No renunciation of Italian citizenship by anyone in the direct line. 

Under these parameters, millions of descendants around the world have successfully been recognized as Italian citizens.

The New Citizenship Law 74/2025 — A Direct Challenge to Jus Sanguinis

In 2025, Italy introduced Law 74/2025, a reform dramatically restricting citizenship by descent. The law:

  • Imposes generational limits (cutting recognition off at grandchildren).
  • Introduces retroactive deadlines (e.g., applications filed after March 27, 2025 suddenly becoming ineligible). 

These changes directly contradict the Supreme Court’s long‑standing doctrine that citizenship by descent is a birthright, not a privilege granted at the state’s discretion.

Why the Law Is Legally Problematic

1. It Contradicts the 1912 Statute

Law 555/1912 explicitly allowed children born in jus soli countries to retain Italian citizenship, ensuring that ancestry, not geography, controlled transmission.

2. It Violates Supreme Court and Constitutional Court Rulings

The highest courts in Italy have consistently maintained that:

  • Citizenship by descent originates at birth.
  • The State cannot retroactively remove, redefine, or restrict this status.

3. Multiple Courts Have Already Challenged Retroactivity

Several lower courts, as well as Constitutional Court Judgment 142/2025, have refused to apply the new limits to earlier applications. They reaffirm that jure sanguinis applicants are already citizens and that the administrative process merely confirms their pre-existing status. 

Why the New Law Conflicts with 100+ Years of Jurisprudence

Jus sanguinis is more than a procedural mechanism. It is a foundational principle of Italian nationality, forming a bridge between Italy and its global diaspora since the late 19th century.

By imposing retroactive limits and deadlines, the 2025 reform contradicts:

  • Law 555/1912, which preserved citizenship for children born in jus soli countries.

  • Law 91/1992, which upholds descent as the primary criterion.

  • Supreme Court rulings, which confirm citizenship as “permanent and imprescriptible.”

Thus, Law 74/2025 creates a constitutional paradox: declaring that individuals who were legally Italian at birth were never Italian at all, unless they filed paperwork before an arbitrary administrative date. 

Looking Ahead

Italy’s courts have a long and consistent history of protecting the rights of the diaspora. The principles of constitutional equality, legal certainty, and non‑retroactivity remain firmly embedded in Italian jurisprudence.

My Italian Family continues to support clients in having their citizenship recognized as the birthright it is. Contact us to see if you qualify and take the first step toward claiming your Italian heritage and your Italian passport.