On 11 March 2026, Italy’s Constitutional Court of Italy held a pivotal hearing on the constitutional challenge to Law No. 74/2025 (the ‘Tajani law’), the statute that limits claims to Italian citizenship by descent (ius sanguinis).
The referral came from the Tribunal of Turin, sent to the Constitutional Court at the request of one of our close collaborators Avv. Benedetta Ballatore. The case focused on whether the new generational limits are compatible with the Italian Constitution and European citizenship principles.
On 12 March 2026, the Constitutional Court released a brief communication stating that all constitutional complaints raised by the Court of Turin were rejected and declared inadmissible. The final ruling with reaons for the decision has not yet been published.
Comunicato Corte Costituzionale
The Court found no grounds to annul or suspend the controversial provisions of Law No. 74/2025.
The current generational gap limiting citizenship eligibility to children and grandchildren with specific ties remains in force.
The Constitutional Court’s statement came a day after the hearing, without a lengthy public deliberation or detailed written judgment at that point. While the final ruling is still forthcoming, it is highly likely that the case will be rejected.
By way of reminder, Law No. 74/2025 (converted from Decree Law 36/2025) changed Italian nationality law and states that applicants are only eligible if:
- A parent or grandparent held only Italian citizenship.
- A parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the applicant’s birth or adoption.
Long‑standing unlimited ius sanguinis claims based on more distant ancestors are now excluded.
Next Court Dates:
The constitutional challenge is not over yet. Other cases from different courts will be heard later this year, namely:
14 April 2026 – The Supreme Court (Sezioni Unite) will hear arguments relating to the ‘minor issue’ clarifying whether a parent’s naturalisation while their child was under 18 ends the possibility of them passing Italian citizenship to subsequent generations.
9 June 2026 – The Constitutional Court will hear a referral from the Tribunal of Mantova, examining additional constitutional issues related to Law No. 74/2025, potentially challenging aspects of the generational cap and other procedural and substantive elements of the law.
For clients eligible under Law No. 74/2025, we can assist with your applications. For all other clients, we would advise you to continue monitoring decisions as further hearings and rulings develop. Please contact Aleksandra Broom for more information.