On March 11th, 2026, the Constitutional Court held a three-hour hearing for arguments for and against the constitutionality of the Tajani Decree, which put a generational cap on citizenship by descent just last year. In this article, we cover a brief summary of what was said during this hearing, and potential decisions that could come going forward.
A recap on the Constitutional Court
As we wrote last fall, Italy’s Constitutional Court is set to review the Tajani Decree (Decree-Law 36/2025). The purpose of the court, active since 1955, is precisely to examine the constitutionality of laws and determine whether or not they violate it. Consisting of 15 judges, the court also places checks on Parliament, ensuring a fair and balanced legal system.
Back in September 2025, the Court of Turin officially called on the Constitutional Court to review the Tajani Decree. As we reported, one of the first steps was to have a public hearing for arguments for and against Law 74/2025. That hearing has now happened.
What the court will be reviewing
The Constitutional Court will examine aspects of the Tajani Decree to determine whether or not it violates the constitution. These include:
- The retroactive application of the law
- The equality of the law
- The inherent rights of Italian descendants
- The necessity of the decree-law action
These were the primary points of the hearing and will be addressed further below.
The arguments made against the Tajani Decree
The hearing happened on March 11, 2026, and lasted three hours. One of the main points from those challenging the new law is that citizenship by blood is a status that objectively exists or not at birth and cannot be changed by the passing of a new law. When someone obtains Italian citizenship jure sanguinis, the state merely confirms its preexisting state.
The retroactive application of the law has also been questioned. Many argue that it is unconstitutional to apply this restrictive law to those who were born well before it and who were, by all rights, citizens under a different legal framework.
The potential violation of equality was another concern (Article 3 of Italy’s Constitution). Specifically, the Tajani Decree treats people with the same Italian ancestor differently, depending on circumstances, such as when they apply or where they were born. Those who were born or reside outside of Italy have a much more difficult time obtaining citizenship, than those born in Italy, even if the two people have the same connection in generational degree to Italian ancestry.
Finally, it was also argued that the decree-law action was used improperly in this case. The decree-law should only be used in cases that require urgency, necessity, and fall under extraordinary circumstances, none of which applies to the Tajani Decree. This last point is particularly important, because if the Constitutional Court agrees, then the entire decree-law could be considered null and void.
What happens next
Following the hearing, judges will make private considerations on the validity or not of the Tajani Decree. A written decision will follow, potentially by late April.
Three possible decisions could be made:
- The Tajani Decree is upheld in full
- The Tajani Decree is partially struck down (for example, the retroactive application could be considered unconstitutional)
- The Tajani Decree is cancelled
Conclusion
Here at Italian Citizenship Assistance, we will keep you up-to-date on all the latest news regarding the Constitutional Court’s decision and other matters of immigration law. Follow the blog on our website, and if you have any questions, don’t hesitate to get in touch at [email protected].
