Italian Citizenship By Descent (Jure Sanguinis): Constitutional Court Judgment 142/2025 Explained

Italian Citizenship by Descent Confirmed: What Judgment 142/2025 Means for Applicants

With Judgment No. 142/2025, the Italian Constitutional Court intervened on one of the most debated issues concerning the transmission of Italian citizenship by descent (jure sanguinis Italy).

The Constitutional Court has effectively confirmed the full legitimacy of the current Italian rules on citizenship by descent under Italian law, considering the restrictions introduced by the Italian Government through the recent reform as lawful.

Specifically, the Court reaffirmed that:

• The previous legal framework, based on granting Italian citizenship by descent without generational limits to descendants of Italian citizens born abroad, is not in conflict with the Constitution;

• The new rules on the transmission of jure sanguinis citizenship in Italy do not apply to Italian citizenship applications (administrative or judicial) filed before March 27, 2025. Consequently, the previous system of automatic citizenship by birth for descendants of Italian citizens born abroad, without any generational limit, continues to apply to administrative and court proceedings pending before the entry into force of Law Decree No. 36 of March 28, 2025, later converted into Law No. 74 of May 23, 2025;

• The determination of how citizenship is acquired or lost falls within the competence of each Member State; however, such competence must be exercised in compliance with European Union law;

• Legal provisions concerning the granting and revocation of citizenship must comply with the principles of reasonableness and proportionality under Italian and EU law, as well as with the general principles of the constitutional system;

• The restrictions on Italian citizenship jure sanguinis introduced by Law Decree No. 36/2025 (converted into Law No. 74/2025) do not aim to remedy a constitutional violation, but rather to limit the automatic transmission of citizenship by descent, and are therefore fully legitimate.

What Happens to Pending Italian Citizenship Applications After Judgment 142/2025

The judgment also has practical consequences for Italian citizenship applications currently pending, both before consulates and before Italian courts.

As stated above, applications submitted before the recent legislative reforms, by March 27, 2025, must be assessed according to the legal framework in force prior to the entry into force of the decree law.

Conversely, applications for Italian citizenship by descent submitted after that date must be decided in accordance with the new reform law, which provides for the automatic recognition of Italian citizenship for foreigners of Italian descent only up to the second generation (i.e., children and grandchildren of Italian citizens), provided that:

• The parent or grandparent holds, or held at the time of death, exclusively Italian citizenship;

• The parent (or adoptive parent) has been resident in Italy for at least two consecutive years after acquiring Italian citizenship and before the birth or adoption of the child.

For applicants belonging to generations beyond the second, the new law requires proof of a genuine link with Italy, such as residence in Italy and knowledge of the Italian language, which are now key requirements under Italian citizenship law 2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.