A recent decision by the Italian Tribunal Constitucional promises to significantly change the panorama of citizenship by descent, the traditional *ius sanguinis*. Esta measure, which ratifies a controversial 2025 law, represents a blow to millions of individuals with Italian roots around the world who sought to obtain recognition of their nationality. The verdict ends a period of uncertainty and opens a new chapter in relations between Itália and its vast diaspora.
Tribunal Constitucional indicated, on Thursday, that it will support the government’s position, which defends the new legislation. The law in question, enacted in March 2025 through an emergency decree, established considerable restrictions on the acquisition of citizenship by people born abroad. Quatro judges had challenged the constitutionality of the rule, raising important questions about the country’s legal tradition.
After the first of four hearings took place, the court’s official statement pointed out that the questions of constitutional legitimacy raised by the Turim court were “partly unfounded and partly inadmissible”. Although the detailed verdict is still expected in the coming weeks, the signal is clear: the government’s interpretation of citizenship has been endorsed, frustrating the expectations of those who expected the maintenance of the 160-year-old tradition.
Historic change in the principle of Italian citizenship
Since the unification of the Itália in 1861, the principle of *ius sanguinis* has been the cornerstone of the definition of who is an Italian citizen. The first page of the civil code, published in 1865, already established that a child born to an Italian citizen automatically inherited that citizenship. Este intrinsic right, which many considered immutable, allowed the transmission of nationality through generations, regardless of place of birth.
This fundamental principle was reaffirmed in several subsequent legislations, solidifying the link between Itália and its descendants. The 1912 citizenship law, for example, included a specific clause that guaranteed the maintenance of citizenship for Italians born and residing abroad, as long as they did not renounce it. The same logic was maintained in the 1992 law, consolidating the idea that blood inheritance was a guaranteed path to nationality.
The new legislation of 2025 and its implications
The scenario began to change drastically with the introduction of the law on March 28, 2025, through an emergency decree. The new rule now stipulates that only individuals with one parent or grandparent born on Itália will be recognized as citizens. Esta change increases the degree of generational proximity necessary to claim citizenship, limiting those who seek more distant ties.
Additionally, the legislation introduces a practical ban on dual citizenship for a large part of the diaspora. Para For the right to citizenship to be transmitted, the father or grandfather of Italian origin must have exclusively held Italian citizenship at the time of the descendant’s birth, or at the time of his or her own death, if this occurred earlier. Essa strict condition prevents many descendants who have dual nationality through other means from claiming Italian citizenship.
The controversy surrounding this law has generated “huge political repercussions”, according to experts, fueling complaints on both sides. Enquanto muitos descendentes se sentem lesados, a pressão sobre o sistema consular e judicial italiano vinha crescendo, levando o governo a buscar soluções para a sobrecarga administrativa.
Past challenges and the recognition process
The path to recognition of Italian citizenship has always been marked by complexities and costs. Aqueles born abroad needed to present a wide range of certificates, including birth, marriage and death, of their ancestors. Estes documents, often from small Italian towns, required detailed research and could take years to obtain, with costs reaching 300 euros per document.
In addition to document collection, applicants had to prove that no link in the ancestral lineage had renounced or lost their Italian citizenship. Superadas these steps, scheduling an interview at the local consulate was a challenge in itself, with waiting lists that could stretch for up to a decade due to high demand. Para those who could afford it, hiring a lawyer to sue the government offered an alternative to speed up the process, but with costs that could amount to tens of thousands of euros per family.
The issue of transmission of citizenship by women also added a layer of difficulty. Até 1948, Italian women could not pass on their nationality to their children born before that date, resulting in generations of descendants being prevented from obtaining recognition. Desde 2009, many of these descendants took legal action to Estado, succeeding in actions for gender discrimination, but depending on their financial capacity to do so. Agora, with the new law, this route also becomes more restricted.
Impact on the diaspora and recent data
Itália’s citizenship rules are intrinsically linked to its history of mass emigration. Entre 1861 and 1918, the nation saw around 16 million of its citizens leave in search of better living conditions, many out of necessity and not out of their own desire. Esses emigrants and their descendants, who often maintained a strong cultural connection with the Itália, chose to preserve their citizenship, transmitting it from generation to generation as a vital bond with the land of origin.
Italian regional courts, meanwhile, have been overwhelmed with thousands of citizenship cases, and consulates are facing a flood of requests. Estatísticas of Ministério of Relações Exteriores of Somente Italian consulates in Argentina processed 30 thousand applications in 2024, an increase of 10 thousand compared to the previous year, illustrating the intense demand.
Expectations and future of the right to citizenship
The Tribunal Constitucional decision ends a phase of legal uncertainty and establishes a new paradigm for the acquisition of Italian citizenship. The ratification of the 2025 law indicates a change in stance by the Italian Estado, which seeks, in part, to manage the flow of requests and redefine the criteria for belonging to the nation. With the detailed verdict yet to be published, it is expected that the guidelines will become even clearer, guiding the next steps for those seeking recognition.
Repercussions of the court decision
The announcement of Tribunal Constitucional represents a “devastating blow” to those who had placed hopes in maintaining the traditional interpretation of *ius sanguinis*. The judicial intervention, classified by lawyers as “extremely clear and harsh”, closes the doors to many descendants who do not fit into the new and more restrictive conditions, redefining who can, in fact, consider themselves an Italian citizen in the future.
