Residence & CitizenshipEntry PF-707962 · Page 43 · Stamped OCT 17, 2026
Italy's Top Court Upholds Law Restricting Citizenship by Descent
Italy's Constitutional Court has upheld a new law ending broad citizenship-by-descent claims, closing a key route to an Italian passport for the diaspora.
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- Italy's Constitutional Court has upheld the new law restricting citizenship by ancestry.
- The ruling ends the previous broad framework for citizenship claims through descent.
- The change affects Italian descendants worldwide, notably in the US, Argentina, Brazil and Canada.
- Pending and future applications fall to be assessed under the new, tighter rules.
Italy's Constitutional Court has backed a new law that sharply restricts citizenship through ancestry, closing one of Europe's most generous descent-based nationality pathways. The ruling confirms that Italian citizenship by lineage will no longer be available on the broad terms that applied before the change.
The decision settles a legal challenge against the new law, which the Italian parliament had adopted after years of debate over the scope of ius sanguinis — citizenship by blood. With the court's backing, the law now stands as the operative rule, and applicants who relied on the older, wider framework face a changed process.
What does the ruling change?
Under the previous system, people with even a distant Italian ancestor could in principle claim citizenship, provided they could document an unbroken chain of descent. The court-endorsed law narrows who qualifies. In practice, the change means that:
- Claims based on remote or long-dated ancestry no longer succeed under the old broad standard.
- Applicants must meet the tighter eligibility conditions set out in the new law.
- Pending claims and future applications fall to be assessed under the new rules rather than the previous regime.
Anyone with an open application or a planned claim should check the current text of the law and official guidance from Italian consulates before taking further steps. This article describes the policy change; it does not assess any individual case.
Who is affected?
The ruling touches the large global community of Italian descendants, most notably in countries of mass Italian emigration such as the United States, Argentina, Brazil and Canada. Millions of people in the diaspora could previously trace a route to an Italian passport through documented ancestry.
For that group, the window that existed under the old rules has effectively closed. Descendants who have not yet filed, and in many cases those with applications still pending, will find that the legal basis for their claims has narrowed.
Why did the court step in?
The law had been challenged on the argument that restricting citizenship by descent conflicted with constitutional protections around citizenship and family lineage. The Constitutional Court rejected that challenge. Its backing removes the main legal obstacle and confirms the law's validity.
The court's role here was not to write immigration policy. It answered a narrower question: whether the new restrictions violate Italy's constitutional order. By ruling that they do not, the court left the restriction in force.
What should applicants do now?
Official Italian government channels and consular offices remain the authoritative source for how the new law applies to specific claims. Applicants should verify current eligibility criteria directly with those offices rather than relying on guidance published before the ruling.
The practical takeaway is simple: Italy has confirmed the end of broad ancestry-based citizenship, and anyone counting on the old route needs to reassess their position under the new law.
via GN Citizenship Law (Source)
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News editor covering money, funding and market shifts around Immigration and mobility policy worldwide at Passport File.
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