This month, the Italian Constitutional Court issued Decision No. 63/2026, following its March hearing, providing further offering further clarification on the legal framework governing citizenship by descent (jus sanguinis). The ruling represents another key development in the evolving jurisprudence on Italian citizenship recognition.
The decision builds on the Court’s earlier assessment of the 2025 Reform and addresses additional constitutional questions raised by lower courts. While the judgment appears to uphold the overall legitimacy of the recent legislative restrictions, it also leaves open certain interpretative issues that may continue to generate litigation. (Here is our previous article based on the press release issued on March 11, 2026.)
Background: The Post-Reform Legal Landscape
Following the adoption of the 2025 Reform (Decree-Law No. 36/2025, converted into Law No. 74/2025), Italy introduced significant limits on the recognition of citizenship by descent for individuals born abroad. The Reform marked a shift away from the traditionally broad interpretation of jus sanguinis, which had previously allowed Italian citizenship claims across multiple generations without strict limitations.
In its ruling, the Constitutional Court reaffirmed the validity of the Reform’s core structure. However, questions remain regarding its application in cases involving citizenship passed down through earlier (third et. al.) generations, leaving room for continued legal uncertainty and constitutional challenges.
The Case Before the Court
The decision stems from a new referral questioning the compatibility of aspects of the current framework with constitutional principles, particularly in relation to the intergenerational transmission and loss of citizenship.
At issue is the interpretation of pre-reform legislation—most notably the “minor age” question—and its interaction with the modern constitutional framework. The Court of Turin raised specific concerns regarding the automatic transmission or loss of Italian citizenship across earlier generations (including third- and fourth-generation descendants), particularly where individuals were born prior to the reform, as well as the effects of parental naturalization on minor children.
Court’s Findings
The Constitutional Court adopted a nuanced position.
On one hand, it reaffirmed the Italian legislature’s broad discretion in regulating citizenship, confirming that such policy choices are subject to limited constitutional scrutiny, as stated in the Court’s March 2026 press release.
On the other hand, Decision No. 63/2026 introduces a more critical reading of both historical rules governing citizenship transmission, particularly when citizenship was automatically lost without individual consent or awareness (as in the case of minors who lost their citizenship because of the parents’ naturalization).
While the Court did not dismantle the existing framework, it emphasized the need for a more balanced interpretation, taking into account the individual’s connection to Italian citizenship, the principle of proportionality, and the evolving constitutional protection of individual rights.
Following the decision, new case filings before the Court of Cassation seek to reassess key aspects of citizenship jurisprudence in light of the Constitutional Court’s reasoning, indicating continued legal uncertainty and ongoing evolution.
Next Steps
As with previous rulings, the practical impact of Decision No. 63/2026 will depend on its interpretation by lower courts and, in particular, by the United Sections of the Court of Cassation (Sezioni Unite della Corte di Cassazione), with a hearing expected in June 2026.
For now, the decision confirms a dual trajectory: the 2025 Reform remains in force, while the constitutional interpretation of Italian citizenship rules—especially in their application under previous legal frameworks—continues to evolve.
At With Papers, we closely monitor all legal and judicial developments related to Italian citizenship. This allows us to provide up-to-date guidance and help applicants navigate the process confidently, whether their application is pending, rejected, or yet to be submitted.
Contact us today for professional support and personalized advice—call With_Papers at 917-310-2246 or fill out our online contact form.
Article by Isabella Rossi, Esq.
Member of the Rome Bar