Italy’s Highest Court Confirms Citizenship by Descent Rights: What This Means for You

🇮🇹 A Historic Win for Italian Citizenship Seekers Worldwide

In a landmark ruling on July 31, 2025, Italy’s Constitutional Court has reaffirmed the rights of those pursuing Italian citizenship by descent—also known as jure sanguinis. Decision No. 142/2025 delivers crucial legal clarity and offers hope to those whose claims were clouded by recent legislative changes.

Whether you’re applying through a great-grandparent or tackling a 1948 case, this decision may significantly impact your path to becoming an Italian citizen.

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🔍 What Did the Court Decide?

The Court addressed and rejected multiple legal challenges raised by lower courts (including those in Rome, Milan, Florence, and Bologna) that aimed to limit the rights of descendants of Italian emigrants. Here’s what it means for applicants:

• ✅ Confirmed the validity of existing citizenship-by-descent laws, despite recent legislative updates.
  
  
• ✅ Protected individual judicial review, even after Law 74/2025 introduced new restrictions.
  
  
• ✅ Acknowledged Italy’s inclusive tradition of embracing descendants of Italian emigrants—a tradition dating back to 1865.
  
  

In short: your ancestral connection still matters, and your right to recognition hasn’t been lost.

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🏛️ What Is Law 74/2025, and Why Is This Important?

Law 74/2025, which came into effect on March 28, 2025, introduced stricter limitations for automatic citizenship recognition. But the Constitutional Court made it clear:

These limitations cannot override an individual’s right to judicial review if they possess authentic ties to Italian heritage.

So even if Law 74/2025 affected your eligibility on paper, this decision re-opens the door through the courts.

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⚖️ How Does This Impact Different Case Types?

1. Judicial Petition Cases (via Great-Grandparents or Earlier)

If you’re pursuing citizenship through a more distant ancestor, this ruling bolsters your constitutional claim, even if new rules seemed to disqualify you. Courts will still consider your case on its merits.

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2. 1948 Cases

These cases—filed when citizenship is traced through a female ancestor before January 1, 1948—were never affected by administrative law changes, as they require court proceedings anyway.

Thanks to this ruling, both paths remain viable, strong, and protected under Italian law.

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📈 What Happens Next?

Another major development is coming:

The Turin Court has filed a separate constitutional challenge directly against Law 74/2025. A hearing is scheduled in the coming months, and a ruling is expected by Spring 2026.

That means even more positive changes could be on the horizon for citizenship applicants.

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💬 Final Thoughts

This is a moment to celebrate cautious optimism. The court’s reaffirmation of individual rights and judicial protections sends a powerful message: Italian roots matter, and the law continues to honor them.

If you’re collecting documents or preparing a judicial case, this is the time to move forward confidently. For a personal analysis of how this decision impacts you, reach out to arrange a consultation with a citizenship advisor.

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