Rome, July 31, 2025 – Italy’s Constitutional Court has confirmed that the current rules for obtaining Italian citizenship by descent (iure sanguinis) remain valid, rejecting attempts to limit automatic citizenship for descendants of Italians born abroad.
Under the existing law (Law 91/1992), anyone with an Italian mother or father is automatically an Italian citizen at birth. This rule applies even if the person was born abroad, lives abroad, and already has another nationality.
Why Was the Case Brought to Court?
Several courts in Bologna, Rome, Milan, and Florence questioned whether it makes sense to grant citizenship to people who:
• Were born and live outside of Italy,
• Hold another nationality, and
• Have little or no real connection to Italy.
The judges asked the Constitutional Court if the law should include limits or require stronger ties to Italy.
What the Court Decided
The Constitutional Court said:
• It is not the Court’s role to rewrite the law. Only the Italian Parliament can decide if stricter requirements should be introduced.
• Having an Italian parent is a valid reason to grant citizenship. The parent–child connection is enough under the current law.
• The current law is not unconstitutional. The Court rejected arguments that it violates Italian or EU legal principles.
The Court also did not apply the new rules introduced in 2025 (Law 74/2025), which put some limits on citizenship by descent, because the cases under review started before those changes.
What This Means for Applicants
For now, nothing changes for people applying for Italian citizenship through ancestry:
• If you can prove you are a descendant of an Italian citizen, you can still claim citizenship under the existing rules.
• New restrictions introduced in 2025 will only affect future cases.
Want help navigating the process? Reach out to [email protected] — we offer personalized support and relocation assistance, all tailored to your unique path to citizenship.
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