Constitutional Court Dismisses Challenges to Italian Citizenship by Descent (iure sanguinis)
On July 31, 2025, the Italian Constitutional Court issued ruling No. 142, dismissing constitutional challenges brought by several courts like Bologna, Rome, Milan, and Florence concerning the automatic recognition of Italian citizenship by descent (iure sanguinis).
Judges of the mentioned courts had questioned the automatic recognition of citizenship to individuals born and living abroad who lack substantial ties to Italy, arguing that this practice violated key constitutional principles.
However, the Constitutional Court dismissed these objections as unfounded, emphasizing that citizenship legislation falls within the discretionary domain of the legislature. The Court highlighted the longstanding inclusive approach adopted by Italian lawmakers towards descendants of Italian emigrants, tracing back to legal traditions established as early as 1865. It further stated that any necessary reforms should be pursued through legislative channels rather than judicial intervention.
The Constitutional Court was called to rule on the constitutionality of the regulations prior to Law 74/2025; this decision does not concern Law 74 itself, on which further rulings are still awaited. We will continue to provide updates on any future developments related to this matter as they become available
This article was written by Giuditta De Ricco and Antonia Manicone.
