What’s Happening in Italy Right Now?

Earlier this year, the Italian government passed Law 74/2025, a reform that attempts to limit citizenship by descent to only two generations—that is, only the children or grandchildren of an Italian citizen would qualify. The stated goal was to reduce fraud and administrative overload, especially from applicants in countries like Argentina, Brazil, and Venezuela.

But the reform has sparked major legal backlash.

On November 26, 2024, the Tribunal of Bologna formally challenged the constitutionality of this reform. Judges questioned whether the government even had the right to limit the number of generations eligible for citizenship by descent—a principle that has always been recognized in Italy without generational caps.

What Does the Italian Constitution Say?

Unlike many countries, Italy's laws on citizenship are not fully codified in the Constitution, but legal precedent and the Italian Constitutional Court have always upheld that jure sanguinis (the right to inherit Italian citizenship through bloodline) is a legitimate and protected legal right.

The reform was passed through an emergency decree—a mechanism intended for urgent matters. But the Constitutional Court is now expected to rule that this law is unconstitutional for multiple reasons:

• Unreasonable discrimination against those born abroad or with dual citizenship
• Violation of European Union law, especially concerning retroactive limitations
• Potential breach of fundamental legal rights, like access to justice and due process

In fact, the Italian Supreme Court (Corte di Cassazione) has already postponed key decisions while waiting for the Constitutional Court to weigh in, another strong sign that the courts may invalidate the reform entirely.

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What About the Referendum?

In parallel, there’s a national referendum asking Italians to vote on whether to reduce the required residency period for foreigners from ten to five years. While this doesn’t directly affect jure sanguinis applicants, it has added confusion to the citizenship conversation.

However, constitutional experts believe that the referendum itself may be unconstitutional, making it unlikely to have any real legal effect.

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What Does This Mean for You?

If you have Italian ancestors—even if your link to Italy goes back several generations—you still have a valid right to apply for citizenship through descent though the courts in Italy. Courts are likely to uphold the long-standing interpretation of Italian law that does not limit citizenship by generation.

And here’s more good news:

• Applications already filed or pending will likely be protected from any future restrictions
• Even new applications should be processed under the original legal framework—especially if the courts strike down the new law, as expected

Our Recommendation

At Agnoloni Law, we continue to support hundreds of clients from the United States, Canada, and around the world in securing their Italian citizenship by descent. Our legal team is actively monitoring court developments and legislative changes, ensuring that your case is always handled according to the most current (and correct) legal standards.

If you’re considering applying—or if you’ve been told you no longer qualify under the new rules—don’t give up. The law is on your side, and we are here to help.

Contact us today for a free consultation and personalized eligibility assessment.

Agnoloni Law – Your Bridge to Italian Citizenship

 www.agnolonilaw.com
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