March 11 Hearing: Italy’s Constitutional Court Reviews the New Citizenship Law
On March 11, the Italian Constitutional Court held the first hearing concerning the new Italian citizenship law, Law No. 74, enacted in March 2025.
This reform introduced significant restrictions on the recognition of Italian citizenship by descent (jure sanguinis), affecting many families of Italian origin around the world (To learn more about the changes introduced by the new law, you can read our dedicated article here). For these families, the hearing represented an important moment of renewed hope, as the Constitutional Court has been asked to determine whether the new law complies with the principles of the Italian Constitution.
The AcrossBoundaries team attended the hearing in person in Rome and is pleased to share the main developments and insights that emerged during the session, which was presided over by Judge Giovanni Pitruzzella.
The case examined by the Court
The case reviewed by the Court involves a Venezuelan family who applied for recognition of Italian citizenship through their Italian great-grandfather, who never lost his Italian citizenship.
Under the previous law, which did not impose generational limits on the transmission of citizenship, the Venezuelan family would have been entitled to Italian citizenship. Indeed, under the previous legal framework, it was possible to apply for Italian citizenship through an ancestor even several generations back.
However, with the new law, citizenship can now only be transmitted up to two generations. This means that the Venezuelan family examined in this case (like many other families) could have applied for Italian citizenship until March 2025. However, after the new law was introduced, they suddenly no longer meet the eligibility criteria, effectively losing a right they previously had without any prior notice.
Why the law is being challenged
The lawyers representing the Venezuelan family made some very convincing arguments, including:
- Citizenship is like child status: it is acquired at birth and, once acquired, it can no longer be revoked.
- Those who acquired citizenship under the old law also acquired the expectation that this right would be recognized, and this expectation must be protected.
- The new law violates not only the Constitution but also European law, according to which no one can be arbitrarily deprived of European citizenship.
For these reasons, the lawyers ask the Court to declare that the new law cannot be applied to those born before its entry into force (March 2025). They must be subject to the previous law, which does not include a second-generation limit and does not require that the ancestor has exclusively Italian citizenship. Alternatively, the lawyers ask the Court to establish a time window within which citizenship can be applied under the old law.
Several organizations that advocate for the rights of descendants of Italians abroad also participated in the hearing in support of this position. Among them were the Association of Jurists Jure Sanguinis (AGIS) and the Confederation of Italians in the World.
The Government’s position
The Italian Government defended the reform by arguing that the State should be free to determine the rules governing citizenship without interference from the judiciary, as citizenship policy falls within the jurisdiction of the Government.
The government's arguments did not seem convincing to us as the legislator cannot regulate a matter in violation of the principles of the Constitution and European law.
When a decision is expected
The Constitutional Court is expected to issue its decision in the coming months.
Based on the courtroom discussion, the possible outcomes are:
- The Court upholds the law as written, but we consider this unlikely.
- The Court declares the entire law unconstitutional, making it unenforceable, but we also consider this unlikely.
- More likely, the Court could declare the new law unenforceable for those born before its enactment or establish a time window for applying under the old law.
Why you should prepare now
If you have an Italian ancestor who was never naturalized or who was naturalized after the birth of their descendant, now is the ideal time to prepare your Italian citizenship application, because:
- Many applicants are awaiting the Constitutional Court's decision.
- A favorable ruling could trigger an immediate wave of new applications.
- By starting now, you can be sure that your case will be ready before the system becomes overloaded.
- Timely preparation helps you avoid delays and get ahead of the backlog.
Italian citizenship is now more within your reach than ever before.
BOOK A 100% FREE CONSULTATION CALL TODAY with AcrossBoundaries. We are a team of lawyers and dual citizenship specialists who can simplify your application by supporting you throughout the entire process, from gathering documents to submitting your case.
Our services include:
- Personalized Assistance: We tailor our services to your specific needs, ensuring a smooth and effortless process.
- Seamless Online Process: Benefit from our fully digital workflow, with all documentation managed online for a streamlined and hassle-free experience.
- Efficient Scheduling: We optimize your application timeline to ensure a smooth and timely process.
- Full Ownership of Your Application: We provide comprehensive support, handling every aspect of your case from start to finish.
- Collaboration with the Italian Court: If needed, we work directly with the Italian Court at no additional cost to ensure the successful acquisition of Italian citizenship.
- Meticulous Documentation: We prepare and submit all required documents, ensuring they meet all legal requirements.
We’re here to guide you every step of the way.
Article written on March 11th 2026
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