In 2026, two of Italy’s highest courts are expected to rule on the controversial 2025 Reform of Italian citizenship law (see our prior article on the Reform) enacted by emergency decree and later converted into law by Italy’s legislature in May 2025.
The reform marked a historic turning point in Italian nationality law. For the first time, Italy introduced a two-generation limit on the automatic recognition of citizenship by descent, significantly narrowing the long-standing and expansive application of jus sanguinis.
Under the new framework, eligibility is restricted to individuals with an Italian parent or grandparent, effectively ending the previously unlimited generational transmission of citizenship.
In addition, the law introduced a substantive new requirement: the Italian parent or grandparent through whom citizenship is claimed must hold Italian citizenship exclusively. In the past, dual citizenship of the transmitting ancestor did not automatically prevent recognition. Under the new rules, however, citizenship may be passed on only if the transmitting parent or grandparent is solely an Italian citizen.
The new framework particularly affects individuals born abroad in the third generation or later, as well as those whose Italian ancestors naturalized as citizens of another country.
Since the law took effect, several lower courts have raised constitutional concerns. Those challenges are now pending before:
- The Italian Constitutional Court (Italy’s highest constitutional authority), and
- The Corte di Cassazione (Italy’s highest court of appeal).
Their decisions—expected in 2026—could substantially reshape the practical application of the reform.
Key Issues Before the Courts
1. Retroactivity (Constitutional Court)
One of the most significant issues is retroactivity.
Article 3-bis of Law No. 91/1992 provides that the new rules apply to anyone who had not filed an application by 11:59 p.m. (Rome time) on March 27, 2025.
As a result, many individuals who would have qualified as citizens under the previous legal framework could no longer obtain recognition of Italian citizenship.
The Constitutional Court must now determine whether Italy’s legislature may retroactively restrict recognition of citizenship in this manner, and whether doing so violates constitutional principles such as equality, legal certainty, and the protection of legitimate expectations.
For thousands of families worldwide, this issue is decisive.
The Constitutional Court’s first hearing is scheduled for March 2026, with a decision expected in 1-2 months.
The Court may:
- Strike down the law (in whole or in part) as unconstitutional,
- Interpret it in a constitutionally compliant way,
- Uphold it,
- Or signal that legislative revisions are appropriate.
2. The “Minor Issue” (Corte di Cassazione)
Separately, the Cassation Court (Corte di Cassazione) will address a narrower but important question:
What happens when an Italian ancestor naturalized as a foreign citizen while their child was still a minor?
Italian courts have issued conflicting decisions over the years. (Read our article on the minor issue here).
While the Cassation Court cannot invalidate legislation, its ruling—expected later in 2026— still provides authoritative interpretations that guide lower courts and ensure consistent application across Italy.
What This Means for You
Applied Before March 27, 2025
Your application should proceed under the prior legal framework.
Rejected After March 27, 2025
If your application was denied solely because of the 2025 Reform, a Constitutional Court ruling declaring the law unconstitutional could reopen potential legal options.
Applied After March 27, 2025 (Still Pending)
Courts and Consulates may delay decisions until the Constitutional Court issues its ruling.
- If the law is upheld: the generational limits remain in place.
- If struck down: applications may be reassessed under the prior rules.
Have Not Applied Yet
The same uncertainty applies. If the reform is invalidated, broader eligibility could be restored. If it is confirmed, careful strategic planning will be essential.
Why 2026 Matters
The Constitutional Court’s decision will determine whether the 2025 Reform represents a lasting redefinition of Italian citizenship by descent—or a legislative shift that exceeds constitutional boundaries.
The Cassation Court’s ruling, while narrower, will clarify key transmission issues and bring long-needed uniformity.
Together, these decisions may shape Italian citizenship law for decades to come.
Stay Informed and Get Expert Guidance
The 2026 rulings from the Constitutional Court and the Corte di Cassazione could significantly affect Italian citizenship by descent. Depending on their outcomes, applicants whose cases were rejected under the new law—or those planning to apply—may face new opportunities or need to reconsider their strategy.
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 Chiara Falcolini, Law Clerk @ With_Papers