In previous articles, we have been analyzing the recent “Tajani Decree” (decreto-legge 36/2025) and its conversion into Law No. 74/2025. We have also focused on the clarifications provided by the Italian government on how the law should be interpreted through the Circolare No. 26185 issued on May 28, 2025 and the Circolare No. 59/2025 issued on June 17, 2025.
In today’s article, we will discuss the ruling rendered by the Italian Constitutional Court on July 31, 2025 which constitutes an important decision about the requirements to apply for Italian citizenship by descent in effect prior to the Tajani Decree. This article will provide the details of the recent ruling and highlight its potential significance for the future of the laws governing Italian citizenship by descent.
The July 31st Ruling
The Italian Constitutional Court Judgment No. 142/2025 was issued on July 31 in response to doubts raised by the tribunals of Rome, Milan, Florence and Bologna (where several citizenship cases were pending), regarding the constitutionality of the “old” set of rules governing citizenship by descent. As part of those proceedings, the judges presiding over those cases requested a review of Law No. 91/1992, stating that the lack of generational limits to the right to transfer Italian citizenship through the bloodline posed a threat to the concept of “population” of a country because it allowed individuals with “weak connections” to the country to claim citizenship. The Court rejected all of those claims, deeming all objections unfounded on the basis that there was no indication that the provisions included in Law No. 91/1992 violated the Italian Constitution in any way. Consequently, this ruling confirmed that Law No. 91/1992 (permitting individuals to claim Italian citizenship through any Italian-born ancestor, irrespective of generational limits) is compliant with the Italian Constitution.
It is important to note that this ruling does not directly apply to the recent Tajani Decree, as the constitutional review was initiated prior to March 28th (the date of issuance of the Tajani Decree) and the Court’s decision was based on the previous regulatory framework governing citizenship by descent (jure sanguinis). Nonetheless, the ruling established that Law No. 91/1992 can still be applied without any modifications to all pending and future cases presented at a consulate or municipality during an appointment booked prior to March 28, 2025.
With that said, this judgment could also influence the forthcoming constitutional review of the Tajani decree as the court could apply some of the principles outlined in the recent ruling to the constitutional review of the Tajani decree and remove certain limitations put in place by the decree.
The Constitutional Review of the Tajani Decree
A proceeding concerning the constitutionality of the Tajani Decree is currently pending before the Constitutional Court. In fact, in June of 2025 the Civil Court of Turin challenged the constitutionality of the new set of rules set forth by Law No. 36/2025, and a decision is expected to be delivered in 2026. At that time, the Court will determine whether the limits imposed by the Tajani Decree are or aren’t compliant with the Italian Constitution. The outcome of this decision will directly impact pending cases that have yet to be processed.
In conclusion, the ruling of July 31, 2025 provides an optimistic outlook on the possibility that the Constitutional Court may partially or completely remove the limitations put in place in March and May of 2025 regarding the transfer of Italian citizenship jure sanguinis based on the fact that the court stated that the ability to claim citizenship without generational limits does not violate the Constitution.
If you are interested in gathering the necessary documents to prepare to submit your case in light of the above-mentioned rulings from the Constitutional Court, ICA’s team of professionals is ready to assist you throughout the necessary steps.
Should you have questions about this article or the services provided by ICA, don’t hesitate to contact us.
