The Italian Constitutional Court Confirms: No Limits to Citizenship by Descent (Iure Sanguinis)

On July 31st, the Italian Constitutional Court issued Judgment No. 142, addressing the constitutional legitimacy of current laws on Italian citizenship, specifically Law No. 91 of 1992. The cases originated from the Courts of Rome, Bologna, Milan, and Florence, which had raised concerns over the absence of additional criteria (such as a demonstrated connection to Italy) in the recognition of citizenship by descent (iure sanguinis).

The Court declared these objections inadmissible, stating clearly that the definition of such criteria falls exclusively under the broad discretion of the Italian Parliament, and not within the judicial scope. Furthermore, the Court emphasized that its role is limited to ensuring that citizenship laws do not conflict with constitutional principles, rather than redefining their content.

This ruling strongly reaffirms legislative autonomy, delineating the boundary between judicial interpretation and legislative discretion. As a result, any reconsideration or modification of the citizenship framework now lies entirely with Parliament.

The Court also rejected claims that the lack of stricter eligibility requirements violates constitutional principles such as equality, or obligations arising from EU and international law. It reiterated that such matters involve general discretion, which must still be exercised within the limits of reasonableness and proportionality — core principles upheld by both the Italian and European Courts of Justice.

While the Court remained cautious about directly addressing Decree-Law 36/2025, later converted into Law 74/2025, it made a pointed reference to the use of criteria “entirely unrelated” to the acquisition of Italian citizenship. This appears to signal a criticism of the decree’s restrictive approach, particularly its retroactive application that seeks to strip Italian citizenship from descendants born abroad, based solely on their ancestors not holding exclusively Italian citizenship at the time.

This creates an important opening in the broader legal debate — particularly as the Tribunal of Turin has already raised a formal constitutional challenge to the decree. That case, also involving the legal intervention of AGIS – Associazione Giuristi Iure Sanguinis (to which Mignacca Law belongs), is expected to be heard in the first quarter of 2026.

At Italiza and Mignacca Law, our legal team will continue to closely monitor all legislative developments, ensuring that our clients are promptly informed and supported in navigating these changes.

📩 If you believe you may qualify for Italian citizenship or have questions about your eligibility, our team is here to assist.