A legal challenge to the Italian government’s abrupt 2025 law change restricting eligibility for citizenship by descent (iure sanguinis, or ‘right of blood’) looks set for at least a partial defeat following a Constitutional Court hearing last week.
After a three-hour hearing on Wednesday, the court on Thursday issued a brief statement declaring challenges to the law’s constitutional legitimacy “partially unfounded and partially inadmissible”.
Though the statement doesn’t represent the final verdict, which is expected by April, it indicates that the court intends to uphold key elements of the government’s decree.
READ ALSO: The best ways to move to Italy after the citizenship clampdown
Arguments around proportionality and legitimate expectation were not addressed in Thursday’s statement, and the court may rule against some aspects of the rule change.
But the news came as a blow to would-be applicants who had hoped judges would find the law unconstitutional, giving them firm grounds to appeal.
Citizenship via ancestry was previously seen as a birthright for anyone who could prove an unbroken line of descent from an Italian citizen going back as far as 1861.
That is no longer the case after the government in March 2025 restricted eligibility to those with a parent or grandparent born in Italy, cutting off great-grandchildren and more distant descendants.
Wednesday’s hearing stemmed from a challenge brought by a group of Venezuelan citizens of Italian descent before a Turin court, which referred the case to the Constitutional Court in Rome.
What happens now?
While some lawyers were defeated by last week’s news, others were undeterred.
A group of Italian magistrates and citizenship lawyers concluded in February it was “very unlikely” the court would uphold the law in its entirety.
If the court rules against some aspects of the law change, those with affected applications may have grounds to appeal – though lawyers warn that this will all depend on the detail of the court's final decision and written judgement.
A further challenge referred by the Mantua court is set to be heard by the Constitutional Court on June 9th.
Italy's Supreme Court of Cassation will also hear a separate but related challenge on April 14th on whether children of Italians who naturalised abroad automatically lost their citizenship – a question that particularly affects applicants with US ancestry.
What can would-be applicants do in the meantime?
Corrado Caruso, a law professor at the University of Bologna and one of the lawyers behind the Constitutional Court challenge, told CNN that applicants who have already filed their own case in the Italian courts should ask the judge to refer it to the EU courts in Luxembourg.
Marco Mellone, one of the lawyers behind the upcoming Supreme Court hearing on April 14th, instead advised requesting a postponement until the autumn.
Both lawyers recommend that those who haven’t yet filed a case hold off on doing so for now.
In the meantime, the government has said it will make it easier for nationals of seven countries who have Italian ancestry to get a work visa to move to Italy.
READ ALSO: How descendants of Italians can move to Italy under new rules
Under a law passed last November, citizens of the US, Australia, Canada, Argentina, Brazil, Venezuela and Uruguay who have Italian heritage will be able to bypass Italy’s strict annual work permit quota known as the decreto flussi.
Applicants will still need to apply for and obtain an Italian visa, but the decree smooths the path some people of Italian descent to move to the country to work.
Please note that The Local is unable to advise on specific cases. For further information on how any changes to Italian law could affect your eligibility for Italian citizenship, consult a qualified legal professional.
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