On March 27, 2025, a historic turning point was reached in the field of Italian citizenship law.
Until that date, anyone descending from an Italian citizen could apply for the recognition of citizenship without any generational limit, based on the principle of ius sanguinis established by Law No. 91 of 1992. This rule, applied for decades, had allowed millions of descendants of Italian emigrants—especially in South America, the United States, and Australia—to reclaim their ancestral connection with Italy.
After that midnight, everything changed. With the entry into force of Decree-Law No. 36/2025, later converted into Law No. 74/2025, the Italian government introduced a drastic generational limit: only the children and grandchildren (a maximum of two generations) of Italian citizens can now automatically acquire citizenship, and only if their ancestor holds exclusively Italian citizenship or was born in Italy. Those who did not file their application by 11:59 p.m. on March 27 are now considered “never Italian citizens,” even if they met all the requirements under the previous legislation.
Thousands of individuals who were in the process of collecting documents or preparing their applications suddenly found themselves excluded. The reform hit particularly hard the communities of Italian descendants in Argentina, Brazil, and Uruguay, where Italian heritage represents not only a legal bond but also a deep element of cultural identity.
The reform raised a legal issue of constitutional magnitude: can a law retroactively revoke a citizenship status already acquired by birth? This question led the Court of Turin to raise, by order dated June 25, 2025, a constitutional challenge before the Italian Constitutional Court. A ruling that could overturn the effects of the reform and reopen the path to citizenship for those currently excluded.
The Court of Turin took a clear and bold stance, directly contesting the constitutional legitimacy of the 2025 reform. In its order of June 25, 2025—published in the Official Gazette on September 17, 2025—the Turin judge referred to the Constitutional Court the question of whether the new generational limit is compatible with the fundamental principles of the Italian Constitution and the rights recognized by the European Union.
At the core of the order lies the retroactive nature of the reform, which, according to the Court, constitutes an implicit revocation of citizenship. This is the most sensitive and potentially disruptive aspect of the matter.
What to Expect from the Constitutional Court
The issue now lies in the hands of the Constitutional Court, which is expected to rule on the legitimacy of the reform in the coming months. Should the Court uphold even part of the objections raised by the Court of Turin, the reform could be declared unconstitutional, reopening the possibility of citizenship recognition for those who failed to apply before March 27, 2025.
If you have Italian ancestors and are considering applying for citizenship, this upcoming decision by the Constitutional Court could radically change your future in Italy. It is advisable to consult a qualified professional specializing in immigration and citizenship law to assess all remaining options—from possible exceptions under the law to obtaining citizenship by reduced residence (only two years for descendants of Italians)—while awaiting the final ruling.
