In a landmark decision that reshapes Italy’s longstanding citizenship-by-descent policy, the Constitutional Court has ruled in favor of the government’s 2025 law limiting citizenship rights for those born abroad. The ruling, announced Thursday, effectively ends the automatic transmission of Italian citizenship to descendants beyond the second generation, a practice rooted in the country’s 1865 civil code.
The court declared the legal challenges to the law “partially unfounded and partially inadmissible,” signaling a major shift in how Italy defines its diaspora ties. Under the new rules, only those with a parent or grandparent born in Italy can claim citizenship, and that ancestor must have held solely Italian citizenship at the time of the descendant’s birth or death.
For millions of Italian descendants worldwide, particularly in the Americas, this change closes a door that had been open for over 160 years. The law has sparked emotional reactions, as many families had invested significant time and money in pursuing recognition. Legal experts note that the decision cannot be appealed within Italy, though some hope remains at the European Union level.
Professor Corrado Caruso, a lawyer who argued against the law, described the ruling as “extremely clear and harsh.” He added, “I had hoped it would be judged in breach of constitutional points, but that wasn’t recognized.” Meanwhile, citizenship lawyer Marco Mellone plans to challenge the law at Italy’s Court of Cassation, calling the decision “a very sad day” but vowing to continue the fight.
The ruling comes amid Italy’s demographic challenges, including a shrinking and aging population. In 2024, a record 155,732 Italians emigrated, while the country’s consulates struggle with a backlog of citizenship applications. The decision also ends initiatives like Sicily’s one-euro home projects, which had aimed to lure descendants back to depopulated towns.
For now, descendants with pending cases are advised to seek postponements, while those yet to file may want to wait for potential EU-level interventions. The battle over Italian citizenship, it seems, is far from over.
