A landmark ruling that closes a historic pathway for millions
On 12 March 2026, Italy's Constitutional Court declared the constitutional challenges to Decree-Law No. 36/2025 — converted into Law No. 74/2025 — partly inadmissible and partly unfounded. The ruling upholds the generational cap on citizenship by descent (ius sanguinis) that was introduced by emergency decree in March 2025 and permanently enacted two months later.
For high-net-worth families with Italian ancestry, the decision marks a definitive shift. Italy has moved from a system that allowed citizenship transmission across unlimited generations — reaching back to the proclamation of the Kingdom of Italy on 17 March 1861 — to one that restricts automatic recognition to descendants within two generations of an Italian-born citizen.
What the reform actually changed
Law 74/2025 introduced a new Article 3-bis into the existing Citizenship Law (Law 91/1992). Under the previous framework, any person who could demonstrate an unbroken line of descent from an Italian citizen — no matter how many generations removed — could claim citizenship by right of blood. That principle had been the foundation of a vast pipeline of applications, particularly from descendants of Italian emigrants in Brazil, Argentina, the United States, and other diaspora communities.
The reform replaced that open-ended model with a two-generation limit: only individuals whose parent or grandparent was born in Italy now qualify for automatic recognition. Additional conditions apply where the ancestor held another citizenship at the time of the applicant's birth. The stated objective was to require a genuine connection with Italy rather than a purely genealogical link stretching back more than a century.
Italian Foreign Minister Antonio Tajani, who championed the decree, framed the reform as necessary to introduce more rigour while preserving the principle of ius sanguinis. Tajani said there would be precise limits, primarily to prevent what he described as the commercialisation of Italian passports, while still allowing many descendants of emigrants to obtain citizenship.
Source: Italian Ministry of Foreign Affairs — Council of Ministers announcement
What the Constitutional Court ruled
The constitutional challenge was raised by the Tribunal of Turin during proceedings brought by several descendants of Italian citizens living abroad. The Turin court questioned whether the generational cap violated constitutional principles, particularly regarding equal treatment and the retroactive nature of the restrictions.
The Constitutional Court rejected these arguments on multiple grounds. First, it held that Parliament has broad discretion in defining the criteria for citizenship acquisition and recognition, provided constitutional principles are respected. Second, it found no constitutional requirement for the state to recognise Italian citizenship for all descendants without generational limits. Third, several objections raised by the Turin court were deemed either too generic or insufficiently substantiated.
The practical effect is unambiguous: the limitations introduced by Decree-Law 36/2025 remain fully in force, and challenges based on alleged unconstitutionality are now unlikely to succeed in lower courts.
Source: Boccadutri International Law Firm — analysis of Constitutional Court ruling
Transitional rules: who is still covered
The reform does include transitional provisions that protect certain applicants. Applications submitted to a consular office, Italian municipality, or court — or appointments officially confirmed before 11:59 PM Rome time on 27 March 2025 — continue to be evaluated under the previous regulations. Many judicial proceedings that had been suspended while awaiting the Constitutional Court's decision will now resume, with judges applying the new framework.
However, for applicants beyond the second generation who had not yet filed before the cut-off, the pathway has effectively closed. The ruling reinforces that the legislative tightening is constitutionally sound, making it extremely difficult to reopen the issue through litigation.
What remains unresolved
While the Constitutional Court has settled the core question of the generational cap's validity, attention now shifts to the Joint Sections of the Italian Court of Cassation, whose hearing is scheduled for 14 April 2026. The Court of Cassation will provide a binding interpretation on additional contested issues, including the retroactive application of Law 74/2025 and the so-called "minor issue" — the interruption of the line of descent in cases where a father naturalised in another country while his minor children were living with him.
That ruling will add further clarity to an already transformed landscape, but it will not reopen the generational cap itself.
Source: Mondaq — Constitutional Court Ruling 2026
Why this matters for HNWI planning
For internationally mobile families, Italian citizenship by descent was historically one of the most accessible and valuable EU nationality pathways. It conferred full EU freedom of movement, settlement rights, and access to healthcare and education systems across 27 member states — all without a financial investment requirement or residency obligation.
The closure of the unlimited generational pathway means that families who had assumed Italian nationality would remain available as a future planning option must now reassess. Where Italian citizenship formed part of a broader mobility, tax residency, or succession structure, those assumptions may need to be revisited with professional guidance.
For families who do still qualify within the two-generation limit, the process has become more complex and documentation-intensive. Proper legal analysis of the family line, the timing of applications, and the specific consular or judicial route remains essential to avoid forfeiting what may still be a viable entitlement.
Firms such as Stellar Pass may be relevant as part of a broader advisory framework where citizenship strategy intersects with mobility planning, documentation readiness, and long-term wealth structuring.
FAQ
What did the Italian Constitutional Court decide on 12 March 2026?
The Court declared the constitutional challenges to Decree-Law 36/2025 (converted into Law 74/2025) partly inadmissible and partly unfounded. The generational cap on citizenship by descent remains fully in force.
Can descendants beyond the second generation still obtain Italian citizenship?
In most cases, no. The reform restricts automatic recognition to descendants within two generations of an Italian-born ancestor. Applications submitted after 27 March 2025 by applicants beyond the second generation are now subject to the stricter limits confirmed by the Constitutional Court.
Are applications filed before 27 March 2025 still valid under the old rules?
Yes. Applications submitted to a consular office, Italian municipality, or court — or appointments officially confirmed before 11:59 PM Rome time on 27 March 2025 — continue to be assessed under the previous regulations.
Why does this ruling matter for HNWIs planning around Italian heritage?
Because the ruling confirms that Italy has moved from unlimited generational transmission to a proximity-based model. Families with Italian ancestry who assumed citizenship would remain available indefinitely must now reassess their planning assumptions, particularly where Italian nationality was part of a broader mobility, tax, or succession strategy.
Further reading: International Bar Association — From Ancestry to Proximity: Italy's 2025 Reform