Summary: Italy's 2025 Tajani Decree limited citizenship by descent to parents and grandparents and was converted into Law No. 74/2025. The Constitutional Court upheld the reform's constitutionality and published its full reasoning as Judgment No. 63/2026, but did not grant broad retroactive recognition. A separate challenge about an October 2024 rule is now before the Corte di Cassazione, and a June 9, 2026 hearing on retroactivity could preserve or cut eligibility for hundreds of thousands — possibly millions — in the diaspora.
Italy's Tajani Decree Faces Supreme Civil Court — Who Keeps Citizenship by Descent?
For decades a great-grandparent's Italian birth certificate was often enough to secure an Italian passport. That pathway was dramatically narrowed by emergency legislation in 2025, and the fallout continues in Italy's highest courts.
The Tajani Decree and What It Actually Changed (Image Credits: Unsplash)
What the Tajani Decree Changed
On 28 March 2025 the Italian government adopted Decree-Law No. 36 as an urgent measure to reform citizenship by descent (ius sanguinis). The decree restricts automatic recognition of citizenship to two generations: a person born abroad is considered Italian at birth only if at least one parent or one grandparent was born in Italy. On 20 May 2025, the Lower House converted the decree into Law No. 74/2025 with a 137–83 vote.
A System That Once Had No Generational Ceiling (Image Credits: Unsplash)
How The System Worked Before
Since reforms in 1992, any descendant who could document an unbroken line of descent from an Italian citizen alive on or after 17 March 1861 could apply for citizenship by descent, with no fixed generational limit. Estimates suggested as many as 80 million people worldwide might potentially qualify — a scale that help explains the political urgency behind the reform.
Why Rome Says the Change Was Necessary (Image Credits: Unsplash)
Government Rationale And Critics
Rome argued the reform was intended to restore coherence to citizenship rules after decades of broad judicial interpretations. Officials said an open-ended entitlement for people with only historical ties risked diluting meaningful links to the Republic and could raise security concerns given Italy's EU and Schengen membership.
The Backlash Across the Diaspora (Image Credits: Pexels)
Critics: Opponents called the security rationale weak and argued the law severs historical and cultural bonds with large diaspora communities, especially in South America and the United States.
Diaspora Backlash
The reform triggered widespread dismay, particularly in Brazil and Argentina, where millions of people of Italian descent now face reduced eligibility. Community groups and advocacy organizations have pursued legal challenges and lobbied lawmakers, while affected applicants say they invested years and significant resources collecting documents prior to the change.
The Constitutional Court's First Word, in July 2025 (Image Credits: Unsplash)
Key Court Decisions So Far
Before the generational cap reached the courts, the Constitutional Court weighed in on related constitutional challenges. In Judgment No. 142 (filed 31 July 2025) the Court dismissed attempts by several lower courts to add requirements or limits to automatic recognition for children of Italians born abroad, emphasizing Parliament's primary role in setting citizenship rules.
The Constitutional Court Upholds the Tajani Decree (Image Credits: Pexels)
On 12 March 2026 the Constitutional Court rejected constitutional challenges to Decree-Law No. 36/2025 (converted into Law No. 74/2025), finding the new limits compatible with the Constitution. The Court's full written ruling, Judgment No. 63/2026, was deposited on 30 April and published on 6 May 2026. The written judgment clarified the legal framework but did not grant blanket retroactive rights to applicants who filed before the March 2025 cutoff.
What the Full Written Judgment Actually Settled (Image Credits: Pixabay)
The Separate Case Before The Corte di Cassazione
A distinct but potentially pivotal dispute reached the Corte di Cassazione in April 2026. The United Sections civil panel reviewed a government policy introduced in October 2024 — the so-called "minor issue" — which states that if a parent of a child born abroad naturalized while the child was still a minor, that naturalization interrupts the transmission of Italian citizenship unless it would render the child stateless.
The Separate Battle Now Before the Supreme Court (Image Credits: Pixabay)
Although legally separate from the 2025 generational cap, lawyers argue a favorable ruling on the October 2024 rule could open avenues to challenge the broader restrictions. Plaintiffs' attorneys have asked the Corte di Cassazione to consider whether citizenship acquired at birth is an immutable right, a finding that could empower lower courts to set aside the 2025 limits in individual cases.
Where the Legal Fight Goes From Here (Image Credits: Unsplash)
What Comes Next
A further hearing was scheduled on 9 June 2026 at the Constitutional Court to address questions about retroactivity. If judges rule the restrictions cannot be applied retroactively, eligibility could be preserved for hundreds of thousands — possibly millions — of diaspora descendants. If courts uphold retroactive application, the generational cap will likely stand.
Legal observers say domestic options narrow if both top courts side with the government; many expect that appeals to European courts could become the next viable strategy for claimants. Conflicting rulings between the Constitutional Court and the Corte di Cassazione could force applicants into individual lawsuits against the state instead of the usual consular application process.
Why It Matters
This dispute touches practical rights (passports, EU mobility) and symbolic ties between Italy and its global diaspora. The coming rulings will determine whether historical lines of descent remain a durable channel to Italian nationality or whether citizenship by descent will be tightly confined to nearer generations.
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