The Corte Constitucional of the Itália, the country’s highest court, maintained in force legislation that significantly restricts the granting of Italian citizenship. The decision, handed down last year, in 2025, after the rejection of an appeal that questioned the constitutionality of the norm, has broad implications for thousands of descendants of Italians around the world, directly impacting the criteria for access to nationality.
The court considered “unfounded” and “inadmissible” the question presented by a court of Turim, which claimed the unconstitutionality of the measure and its non-retroactive application. As a result, the law, which had already been approved by the Italian Parlamento, remains as a guide for nationality recognition processes, with no immediate provision for changes through the courts in this aspect.
The determination of the Italian Justiça represents a milestone for the country’s migration policy, consolidating the changes implemented by the government with regard to access to citizenship. Expectations now rest on possible new legal challenges, already being prepared by lawyers representing interested parties affected by these new and stricter guidelines.
Details of the new restrictions
Current legislation, enacted by the Italian Parlamento in 2025, established stricter criteria for obtaining citizenship. Agora, the right is limited exclusively to children and grandchildren of Italian citizens, but with specific conditions that did not previously exist in the scope that was practiced and that create new barriers for applicants.
According to the new rule, for an individual to be recognized as an Italian citizen, their father, mother, grandfather or grandmother must have been born in Itália or been considered Italian citizens at the time of their death. Esta is one of the conditions that impede the transmission of citizenship to more distant generations, directly impacting many applicants. A second condition imposes that, if the Italian ancestor (father, mother, grandfather or grandmother) with citizenship was born outside Itália, he must have resided in the country for a minimum period of two consecutive years before the birth of the child or grandchild. Este point is crucial, as many Italian immigrants did not return to their country of origin before their descendants were born, making proof difficult.
The history of unlimited “jus sanguinis”
Before the decree came into force in 2025, Italian legislation followed the legal principle of “jus sanguinis”, or “right of blood”, almost unlimitedly. Este principle guaranteed the nationality of a country to the child of a citizen of that country, regardless of place of birth. In practice, anyone who could prove a blood link with an Italian ancestor who was alive after the creation of Reino from Itália, on March 17, 1861, had the right to citizenship. Essa broad interpretation of “jus sanguinis” meant that great-grandchildren, great-great-grandchildren and even great-great-grandchildren of Italians could apply for and obtain citizenship, as long as the line of transmission was not interrupted by factors such as the naturalization of an ancestor before the birth of their direct descendant. Milhões of people in countries such as Brasil, Argentina and
The global repercussion of the decision
The restrictions imposed by the new law generated a wave of indignation and concern among the vast communities of Italian descendants spread across the world. In nations like Brasil and Argentina, where the number of people with family ties to Itália is significant, Corte Constitucional’s decision was met with disappointment.
Many of these descendants had initiated citizenship recognition processes or planned to do so, investing time and resources in collecting historical documentation and learning the language. The sudden change in rules represents a significant obstacle, and in some cases, the complete loss of the possibility of obtaining an Italian passport, changing life plans, investments and living and working opportunities in Europa.
Italian associations and law firms specializing in citizenship have been inundated with questions and requests for guidance since the measure was approved. The feeling is that a historical and cultural connection, which has remained alive through generations and which represented the heritage of millions of immigrants, is being compromised by a measure that, for many, ignores the contribution of the millions of Italians who emigrated over the centuries to build their lives in other nations.
The economic and social impact is also a latent concern for these communities. Italian citizenship offers access to União Europeia, allowing study, work and residence in any country in the bloc, in addition to facilitating investments and business in a broad market. Para For many young people, this was a door to better educational and professional opportunities, which may now be severely restricted or completely closed, limiting their future projections.
The political scenario behind the law
The decree that gave rise to the restrictive law was approved by the government of Prime Minister Giorgia Meloni at the beginning of 2025, as a matter of urgency. The management’s main argument was the need to limit the flow of foreigners entering Itália, although the law, in essence, mainly affected descendants of Italians already established in other countries, and not directly immigrants seeking refuge or asylum or entering through other routes.
After its immediate entry into force due to urgency, the decree was forwarded to the Italian Parlamento to be voted on and converted into law. Durante the debates, many deputies expressed strong opposition to the measure, claiming that it disrespected fundamental principles of the Italian Constituição, such as equal rights for all citizens, regardless of their geographic location. The criticism also extended to disrespecting the memory of thousands of Italians who left the country in search of a better life in the past, and whose descendants now face barriers. However, the solid government majority of Meloni in Parlamento guaranteed the final approval of the measure, converting the decree into law despite objections.
The legal challenge in Turim
The appeal denied by Corte Constitucional in 2025 was the first major legal action to challenge the constitutionality of the new law. The initiative came from a court of Turim, driven by eight Venezuelan citizens who sought recognition of Italian citizenship and saw their processes abruptly paralyzed by the legislative change.
The central point of the challenge was the retroactive nature of the measure, which generated great legal uncertainty. The applicants and their lawyers argued that the law should not apply to those born before its sanction by the Prime Minister, as this would create legal uncertainty and deprive rights already established or in the process of being recognized. Segundo the lawyer Giovanni Bonato, who represented the group, “a specific category of our fellow citizens was suddenly and unexpectedly deprived of their citizenship, without time to adapt to these new demands.”
Legal next steps
Despite the Corte Constitucional decision, the legal battle for Italian citizenship is not completely over. Advogados specialized in migration law and Italian associations plan new actions and resources, seeking other ways to question the constitutionality or application of the law in different legal instances. The interpretation of details of the rule and the analysis of specific cases can still generate new legal disputes in lower courts or even other European courts, prolonging the debate and uncertainty.
This evolving legal landscape requires continuous attention from interested parties, who need to be updated on each new development. Citizenship legislation is a dynamic field, and future changes or new court decisions could still significantly influence the recognition process for the millions of Italian descendants around the globe, who continue to seek to maintain their rights.
Perspectives and the future of citizenship
The community of descendants remains mobilized, seeking strategies to defend what they consider a historic and fundamental right, rooted in the Italian Constituição. The path to citizenship may have become more difficult, but the search for it persists, with new resources and arguments being studied to ensure that the connection with the ancestral homeland is not completely severed.
