Pending the court’s decision: possible judicial outcomes
All eyes will be on the Constitutional Court on 11 March 2026, as it holds a public hearing to decide whether Law No. 74/2025, which changed processes and requirements to apply for italian citizenship, aligns with the principles of the Constitution. Attention should focus on the consequences of the Court’s ruling, whether it upholds the new law or declares it unconstitutional.
First scenario: the Court confirms the law’s constitutionality
The current law and its newly eligibility criteria remain in force. Eligibility for Italian citizenship by descent would continue to be limited to individuals whose Italian parent or grandparent held exclusively Italian citizenship at the time of the applicant’s birth. This means that descendants beyond the second generation who do not meet this requirement would remain ineligible.
Second scenario: the Court declares the law unconstitutional
The provision could no longer be applied from the day after the ruling is published. The Court would also define the scope and limits of the ruling’s effect. In this scenario, new pathways could potentially open for recognition of Italian citizenship by descent for individuals who are currently excluded under the existing rules.
Given the forthcoming hearing, anyone seeking Italian citizenship by descent should closely follow developments, since the Court’s ruling could have a major impact on eligibility and procedures.
This article is written by Giuditta De Ricco, Francesca Falchi and Antonia Manicone.
