Italy To Curb Ancestry‑Based Citizenship After 160‑Year Tradition

Italy to Curb Ancestry‑Based Citizenship After 160‑Year Tradition

For more than 160 years, since the founding of the modern Italian state in 1861, one thing was certain under Italian law: a child born to an Italian citizen was automatically an Italian citizen themselves. That principle, known as jus sanguinis the “right of blood” allowed generations of Italians and their descendants around the world to claim citizenship through ancestry.

But that long‑standing rule now looks set to change dramatically following a landmark decision by Italy’s Constitutional Court that upholds a controversial citizenship reform passed in 2025. The move is expected to sharply limit the number of people worldwide eligible to claim Italian citizenship by descent.

Under the traditional Italian nationality framework, enshrined in laws dating back to the 19th century, citizenship could be passed down indefinitely through the generations so long as the lineage could be documented and no ancestor had formally renounced Italian nationality. This made Italy’s citizenship rules among the most generous in Europe. The new reform, however, restricts eligibility for jus sanguinis claims to individuals who can prove they have either a parent or grandparent who was born in Italy and held only Italian citizenship at the relevant time. Descendants whose closest Italian ancestor was a great‑grandparent or earlier are likely to be excluded unless they also meet new requirements involving residency or other criteria. Officials say the change is intended to address administrative backlogs and modernise the citizenship regime. In recent years, consulates processed tens of thousands of citizenship claims annually, with waiting lists stretching for years in countries with large Italian diaspora communities. On 12–14 March, Italy’s Constitutional Court examined the legality of the citizenship restrictions after challenges from civil courts in Turin and other jurisdictions. In its ruling, the court rejected constitutional challenges to the reform, declaring that the new limits on jus sanguinis do not violate the Italian constitution at least on the grounds that were submitted in the case. The judgment, which was issued as a formal press communiqué ahead of the full written decision, upheld Law No. 74 of 2025 (often referred to as the Tajani Decree after the then‑foreign minister), affirming the government’s authority to tighten ancestry‑based citizenship rules. Despite the decision, the court left several issues unresolved, including separate constitutional questions that could influence future litigation and appeals. Some legal experts believe parts of the dispute may eventually reach European courts, including the European Court of Human Rights or the Court of Justice of the European Union.The reform has significant implications for the millions of people around the world who trace their heritage to Italy particularly in countries such as Brazil, Argentina, and the United States, where Italian emigration historically surged. Critics warn that many families who long identified as Italian on the basis of descent could now be denied citizenship opportunities.

Supporters of the change argue that citizenship should reflect a genuine link to the country, not merely ancestry going back several generations, especially where applicants live abroad, do not participate in Italian civic life, and have limited cultural ties.

• Individuals must have a parent or grandparent born in Italy and holding solely Italian citizenship at the relevant time to claim citizenship by descent.
• If those conditions are not met, applicants may still pursue other pathways, such as naturalisation through residency or marriage, but will not automatically acquire citizenship through distant ancestral lines.

People who filed jus sanguinis applications before the 27 March 2025 cutoff may still be processed under the old, broader rules. Those who applied later face stricter qualification requirements under the new regime. The Constitutional Court’s ruling is a pivotal moment in Italy’s legal and cultural history, reshaping one of the oldest and most cherished aspects of national identity law. As legal challenges continue and potential appeals loom, the debate over ancestry, national belonging and citizenship rights is poised to remain at the forefront of Italian public discourse.