The Constitutional Fate of the New Citizenship Law

Awaiting the Court’s ruling: possible judicial outcomes

Attention will turn to the Constitutional Court on 11 March 2026, when it will hold a public hearing to assess whether Law No. 74/2025—introducing new procedures and stricter requirements for applying for Italian citizenship—is compatible with constitutional principles. The key issue will be the practical effects of the Court’s decision, depending on whether the law is upheld or struck down.

Scenario one: the law is deemed constitutional

If the Court confirms the law’s constitutionality, the current framework will remain fully effective. The revised eligibility rules would continue to apply, restricting Italian citizenship by descent to applicants whose Italian parent or grandparent possessed solely Italian citizenship at the time of the applicant’s birth. As a result, descendants beyond the second generation who do not satisfy this condition would continue to be excluded.

Scenario two: the law is found unconstitutional

If the Court declares the law unconstitutional, the relevant provisions would cease to have effect from the day following publication of the judgment. The Court would also clarify the temporal and substantive scope of its ruling. In this case, it is possible that new opportunities could emerge for the recognition of Italian citizenship by descent for individuals currently barred under the existing rules.

In light of the upcoming hearing, prospective applicants for Italian citizenship by descent should monitor developments closely, as the Constitutional Court’s decision could significantly reshape both eligibility criteria and application procedures.