Italian Citizenship by Descent (Jure Sanguinis): Frequently Asked Questions

1. Did the Italian Constitutional Court strike down the citizenship reform?

No. In Judgment No. 63/2026, the Italian Constitutional Court rejected or declared inadmissible the constitutional challenges brought against Article 3-bis of Law No. 91/1992. The Court held that the Italian legislature may impose limits on the transmission of citizenship by descent and that the reform does not revoke existing citizenship, but rather limits the acquisition of citizenship status.

2. Is the legal battle over?

No. Legal challenges to the reform are still ongoing. The Law Office of Attorney Elisa Magnani continues to pursue appeals, arguing that the Constitutional Court did not fully address important issues concerning compatibility with European Union law. Future referrals to the Court of Justice of the European Union (CJEU) remain possible.

3. Are there still cases pending before the Italian Supreme Court of Cassation regarding Italian citizenship jure sanguinis?

Yes. Further decisions from the Italian Supreme Court of Cassation are still awaited. Historically, the Court has recognized jure sanguinis citizenship as an original, permanent, and imprescriptible status acquired at birth and merely confirmed through administrative or judicial proceedings. Additional rulings may further clarify the impact of the recent reform.

4. Are Italian courts still issuing favorable decisions in jure sanguinis cases?

In some cases, yes. Several courts have given weight to the principle of legitimate expectations, particularly where applicants had already begun gathering documents or taking concrete steps toward recognition before the reform entered into force. New constitutional and legal arguments continue to be raised in ongoing litigation.

5. What practical options are available for individuals seeking recognition of Italian citizenship jure sanguinis?

Although the reform is currently in force and has been upheld by the Constitutional Court, legal avenues remain available.

Potential arguments may include:

Compatibility of the reform with European Union law;

Protection of legitimate expectations for applicants who had already initiated the process;

The original nature of Italian citizenship jure sanguinis as a status acquired at birth.

The legal landscape continues to evolve. Further developments are expected from the Italian Supreme Court of Cassation and potentially from the Court of Justice of the European Union.

6. How can I evaluate my eligibility?

Each case is unique. Eligibility may depend on factors such as your family line, the status of your ancestors, the documentation already collected, and the steps taken before the reform entered into force.

Contact the Magnani Law Firm for a personalized assessment of your case and for information regarding available legal options.