Italy’s New Citizenship Ruling: A Generation’s Dream Ends as Ancestral Roots Lose Legal Anchor

A recent legal ruling in Italy could significantly impact millions of people around the world with Italian ancestry, dramatically limiting their ability to claim Italian citizenship. The ruling by Italy’s Constitutional Court supports a law enacted in 2025 that curtails the existing policy of citizenship by descent, known as ius sanguinis, which previously allowed individuals to claim citizenship through their Italian forebears.

This legislation, introduced by emergency decree last March, was designed to restrict citizenship eligibility to those with more recent Italian ancestry—specifically, individuals with a parent or grandparent who was an Italian citizen. Until now, descendants of Italian émigrés, regardless of how many generations removed, have been able to claim citizenship. This was a situation common among the significant Italian diaspora, which started during the formation of Italy as a nation-state back in the 1860s when many Italians emigrated in search of work and better living conditions.

Many of these emigrants transferred their citizenship to their descendants while abroad. This right allowed many to maintain a connection to their Italian roots and availed them of the opportunity to return or live in Italy, an option that is seen as increasingly attractive amid global mobility. However, this new law alters that prospect drastically.

The law was contested shortly after its imposition by four judges, who argued it was unconstitutional. Despite this, following the initial court hearing, the Constitutional Court has demonstrated its support for the government’s stance, indicating the legal challenges will likely be unsuccessful. The court’s statement suggests that the constitutional questions brought forward were either unfounded or inadmissible.

Lawyer Corrado Caruso, who argued against the law, expressed disappointment as he anticipated the court might view some aspects of the legislation as unconstitutional. He emphasized the historical importance of ius sanguinis in Italian citizenship law, observing that the principle had been deeply interwoven with the country’s identity since its inception. Over time, Italy has dealt with widespread emigration, especially during the period from 1861 to 1918 when millions left. Despite their physical absence, many retained their Italian nationality as a tangible link to their heritage.

The practical requirements for claiming citizenship under the previous regime were admittedly burdensome and potentially discriminatory. It required gathering a host of familial documents and proving that none had renounced their Italian citizenship, with applications sometimes languishing in bureaucratic limbo. The backlog was evidenced by long wait times at Italian consulates worldwide, particularly in countries like Argentina, where Italian heritage is common, reflected in large application volumes and extended waitlists.

The implementation of the new policy has meant that many who were in the process of acquiring Italian citizenship under the former laws now face uncertainty and potential ineligibility. Caruso signaled the shift represented by the ruling as a potential geopolitical consideration, implying that Italian citizenship afforded various advantages, which might not align with Italy’s policy priorities today.

Despite the recent legal endorsement, the changes have spurred some to continue fighting through legal avenues. Lawyer Marco Mellone expressed cautious optimism, noting possibilities still exist for challenging the law in future court cases, including higher courts such as the Court of Cassation, Italy’s supreme court.

This decision comes at a time when Italy is confronted with its demographic issues—a declining and aging population—and while the law aims to address practical inefficiencies, it introduces a stark limitation for many who wish to retain formal ties to Italy. Moving forward, legal opponents like Mellone argue that the struggle to preserve the ancestral connection under existing laws, although it suffered a considerable setback, is not entirely over.