On July 31 2025, the Italian Constitutional Court issued a pivotal ruling, decision number 142, which has significant implications for the legal framework governing Italian citizenship, especially regarding the transmission of citizenship by descent, known as ius sanguinis (read also Italian Constitutional Court Reviews Citizenship by Descent Rule)
This ruling reaffirms the foundational principles of Italian nationality law, while simultaneously highlighting the need for legislative modernization to adapt to contemporary social realities.
The ruling arose from multiple referrals by ordinary courts questioning the constitutional legitimacy of several key provisions related to citizenship. Specifically, the Court scrutinized the articles governing citizenship transmission in the Civil Code and pertinent laws enacted in 1912 and 1992, which set the rules for acquiring Italian citizenship by bloodline. The core issue was whether citizenship should be limited by generational boundaries or conditioned on a demonstrable connection to Italy.
The Constitutional Court decisively confirmed that Italian citizenship is transmitted without generational limits, strictly following the ius sanguinis principle. This means that descendants of Italian citizens, regardless of how many generations have passed, retain the right to claim citizenship. Importantly, the Court rejected the notion that applicants must prove an effective or ongoing relationship with Italy to qualify. This confirmation strengthens the legal certainty for individuals applying for citizenship based solely on their lineage, without additional territorial or cultural requirements.
Conversely, the Court ruled inadmissible questions regarding citizenship acquisition based on birth within Italian territory to foreign parents, known as ius soli. The Court considered this issue outside its jurisdiction or inappropriate for constitutional review under the circumstances. Therefore, the ruling did not alter existing laws related to ius solicitizenship, maintaining the status quo in this area.
While reaffirming the primacy of ius sanguinis, the Court also issued a clear message to the Italian Parliament. It emphasized the necessity of legislative reform to modernize citizenship laws, taking into account Italy’s evolving demographic and social landscape. The Court urged lawmakers to consider updates that would better address contemporary challenges such as migration flows, dual citizenship complexities, and the integration of new generations of Italians abroad. This call for reform reflects the Court’s recognition that static laws cannot fully accommodate the dynamic realities of citizenship in the 21st century.
According to the Court, any substantial reform of the citizenship system based on ius sanguinis must take place through the legislative process and not through judicial intervention. The Court reiterated that its role is not to replace the legislator, but rather to verify whether the laws enacted by Parliament comply with constitutional standards.
It is important to highlight that this ruling exclusively concerns the legal framework in place before the entry into force of Law No. 74 of 2025. The constitutional legitimacy of this new legislation has not been addressed in the decision and remains subject to possible judicial review. Further rulings by the Constitutional Court are anticipated on challenges directly involving Law 74/2025, which introduced significant modifications to the Italian citizenship system. Summaries and analyses of these legislative changes can be found in our article Italian Citizenship by Descent – What Changed in 2025 with Law 74
For individuals seeking Italian citizenship through descent, this ruling offers reassurance and clarity. It confirms that citizenship rights do not expire over generations and that bureaucratic hurdles requiring demonstration of a tangible connection to Italy are not constitutionally justified. T.
In summary, Constitutional Court ruling No. 142/2025 stands as a milestone in Italian citizenship law. By safeguarding the ius sanguinis principle without generational limits and rejecting additional connection requirements, it reinforces traditional legal interpretations while encouraging legislative progress. For those navigating the complexities of Italian citizenship, immigration, or related real estate matters, this decision is a critical reference point, blending respect for heritage with a vision for legal evolution.
