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Italy’s Constitutional Court Upholds 2025 Curb on Citizenship by Descent

The decision narrows eligibility to those with a qualifying Italian parent or grandparent.

Overview

  • On March 12, the court deemed Turin judges’ questions “partially unfounded and partially inadmissible,” leaving the 2025 emergency-decree law in force.
  • Eligibility now hinges on an Italian parent born in Italy, an Italian parent born abroad who lived in Italy for two consecutive years before the applicant’s birth, or a grandparent who is an Italian citizen born in Italy.
  • The court rejected a challenge to stop the rule from applying retroactively to descendants beyond the third generation, and further constitutional cases are expected in the coming months.
  • The ruling marks a break from the expansive jus sanguinis approach that had allowed claims through great‑grandparents and earlier generations.
  • A detailed written judgment is due within weeks, which is expected to clarify the court’s reasoning and the practical implications for applicants and authorities.