End of an Era for Italian Citizenship: What the New Ruling Means

For over 160 years, the principle of jus sanguinis — the right of blood —has been a foundational tenet of the Italian state, allowing generations of the global diaspora to maintain a legal bridge to their ancestral home. However, a landmark ruling by Italy’s Constitutional Court has now upheld a restrictive new law that effectively dismantles this heritage right for millions of people worldwide.

The ruling supports a 2025 government decree that fundamentally redefines the requirements for citizenship by descent. Here are the key highlights of the legal shift and its impact on the international Italian community.

The Grandparent Restriction

The new legislation moves away from the historical "unbroken line" of descent. Under the updated rules, citizenship will be recognised only for those with a parent or grandparent born in Italy. For descendants whose connection to Italy dates back to their great-grandparents or earlier, a common occurrence in many migrant communities worldwide, the path to an Italian passport is now effectively closed.

The Dual Nationality Hurdle

In a significant blow to the diaspora, the law introduces strict conditions regarding dual nationality. To pass on citizenship, the ancestor in question must have held solely Italian citizenship at the time of their descendant’s birth (or at the time of their death, if earlier).

This requirement targets descendants of emigrants who naturalised in their new home countries, a move that previously did not necessarily break the citizenship chain but now serves as a disqualifier.

Administrative and Family Fallout

The ruling is expected to have immediate and devastating consequences for those who currently navigate the notoriously slow Italian bureaucracy:

• "Fictitious Links": The state successfully argued that descendants who had not officially claimed their citizenship by 2025 hold only a "fictitious link" to Italy and have therefore forfeited their right.

• Family Disunity: The law creates a legal divide within nuclear families; an older sibling who secured recognition before the decree remains Italian, while a younger sibling applying now would be rejected.

Future Outlook

While the Constitutional Court’s verdict cannot be appealed within Italy, legal experts suggest the "war" is not yet over. Lawyers are already looking toward the European Union courts in Luxembourg as a final hope for descendants.

For those with pending applications or considering a claim, the current advice from legal professionals is to exercise extreme caution and seek updated counsel, as the landscape of Italian identity has been permanently altered.