Since the unification of Italy in 1861, one of the defining markers of Italian citizenship has been lineage. The status of being an Italian citizen has traditionally been determined by one’s parents.
Established in 1865, the civil code stated that a child born to an Italian citizen inherits Italian citizenship.
However, this long-standing principle is poised to change, significantly impacting the aspirations of many in the Italian diaspora seeking to reconnect with their heritage. It could also lead to potential loss of citizenship rights for future generations of Italians residing abroad.
Recently, the Italian Constitutional Court announced its support for a controversial law set to take effect in 2025, which imposes new restrictions on citizenship for individuals born outside of Italy. This law, established through an emergency decree last March, faced challenges on its constitutionality.
Following the initial hearing, the court released a statement indicating its intention to side with the government’s stance.
“The Constitutional Court has found the issues raised regarding the law’s constitutional legitimacy to be partially unfounded and partially inadmissible,” they stated. A comprehensive verdict will be made available in the coming weeks.
This decision is a major setback for those advocating for the preservation of ius sanguinis, Italy’s longstanding principle of citizenship by descent.
“It was an extremely clear, harsh intervention; while I hoped it would be deemed unconstitutional, the court did not reflect that sentiment,” stated Professor Corrado Caruso, one of the lawyers contesting the new legislation.
Italian citizenship laws have been closely linked to the country’s diaspora since its formation.
Previously, Italians who emigrated were able to pass their citizenship to their children, provided they did not renounce or lose it, often by adopting another nationality. Historically, between 1861 and 1918, 16 million Italians sought better opportunities abroad, driven largely by poverty.
Many emigrants felt a lifelong connection to their Italian roots, retaining citizenship and cultural practices, which were handed down through generations.
The principle of ius sanguinis, highlighted in Italy’s initial citizenship legislation in 1912, reaffirmed that Italians born and living abroad retain their citizenship. This tenet was reiterated in a later law in 1992.
However, the recent law enacted on March 28 mandates that only individuals with a parent or grandparent born in Italy can claim citizenship. Additionally, it effectively prohibits dual citizenship for the diaspora, as the ancestor must have solely held Italian nationality at the time of their descendant’s birth or death.
Complaints regarding foreign-born descendants acquiring citizenship have been a common theme on both sides.
For those born abroad, obtaining citizenship recognition can be a lengthy and costly endeavor. It requires acquiring birth, marriage, and death certificates from ancestors’ hometowns, a process that can extend over years at a cost of up to 300 euros per document. Applicants must also demonstrate that no one in their lineage lost their citizenship before they can secure an appointment with their local consulate, where waiting times can exceed ten years.
Hiring legal representation can expedite the process but may come with exorbitant costs, often reaching tens of thousands of euros for families.
Furthermore, women were not permitted to confer citizenship until 1948, leaving descendants of Italian women who had children before this date barred from recognition. While many have successfully challenged this restriction on gender discrimination in court, access to justice often depends on personal financial means. Now, with the new limitations, the pathway to acknowledgment has become significantly narrower.
Italy’s regional courts are currently backlogged with thousands of citizenship applications, and consulates are overwhelmed with requests.
From 2014 to 2024, the number of Italian citizens residing outside Italy grew from 4.6 million to 6.4 million, according to the foreign ministry. In 2024, Argentinian consulates alone processed 30,000 citizenship applications, a 10,000 increase from the prior year.
“The issuance of citizenship has been viewed as troublesome for multiple reasons,” noted Professor Caruso from Bologna University. “There has been a surge in requests that overwhelmed the consulates. There are also sentiments that descendants possess tenuous connections to Italy and do not participate in civic responsibilities. Furthermore, geopolitical factors have contributed, as these citizens can travel on Italian passports, potentially creating diplomatic concerns.”
“I was not optimistic about our chances, as the government and their legal teams appeared firmly committed to this reform, which carries significant political weight and interest,” Caruso remarked.
Citizenship by descent has seen notable success; at the Tokyo Olympics, 12% of the Italian national team comprised individuals born abroad, including ten originating from the U.S. Just before the new decree was introduced, Argentina’s right-wing president, Javier Milei, was granted citizenship by descent during an official visit to Italy.
Meanwhile, Italy grapples with a declining and aging population.
In 2024, a record 155,732 Italians emigrated, and over half a million residents left the country from 2020 to 2024. Many of these emigrants hailed from Sicily, where local authorities have tried to entice back members of the Italian diaspora. In Mussomeli, a town known for its affordable housing project, Argentinian doctors were invited to help address local healthcare shortages. However, these initiatives may be stifled by the new citizenship laws.
“This new restriction has abruptly cut off many descendants who had already sought citizenship but had yet to receive an appointment,” Caruso explained. “This creates disparity within families, where one sibling may have citizenship while another is denied.”
The state’s legal representatives successfully argued that those who have historically been seen as having been born citizens are, in fact, born with an expectation of citizenship. Failure to formally claim this by 2025 will result in what the court terms a “fictitious link” to the country, thus forfeiting their right to it.
The rulings of the constitutional court are final and cannot be contested. While Professor Caruso remains hopeful, he acknowledges the challenge ahead: “Perhaps this isn’t the conclusion of the fight, but it surely will be a difficult one.” He suggests that the last avenue for these descendants may lie within EU courts. “Those who have already initiated cases should request a referral to Luxembourg,” he advised.
Some legal experts, however, hold a more optimistic view. Lawyer Marco Mellone argues that the situation retains flexibility, saying, “This does not signify the law’s complete validation indefinitely. Arguments may still be formulated for cases presented by Italian judges to the constitutional court, as there remains scope for legal interpretation.”
Mellone plans to challenge the new legislation during his upcoming hearing at the Court of Cassation, Italy’s apex legal authority, which holds precedence over constitutional rulings.
“This is indeed a somber day for millions affected, but I didn’t dedicate 25 years to law for scenarios like this,” Mellone expressed. “Descendants were born as Italian citizens. Citizenship conferred at birth is an inalienable right. You cannot revoke it or claim it was invalid. This is merely the initial stage of a lengthy struggle.”
He recommends that those with ongoing cases seek a postponement until the fall and advises potential new applicants to hold off for the time being.
“With this ruling, the workload for lawyers has increased significantly, yet I remain hopeful,” he stated. “Although my confidence has waned slightly since last week, while a battle may be lost, the war continues.”
Key Takeaways
- The Italian Constitutional Court supports a new law limiting citizenship for individuals born abroad.
- This law generally restricts citizenship to those with Italian parents or grandparents.
- Obtaining citizenship is a lengthy and costly process for descendants of Italians.
- Disparities emerge within families due to citizenship restrictions.
- Legal challenges against the law may still arise in the future.
FAQ
What is the new law regarding Italian citizenship?
It restricts citizenship by descent to those with a parent or grandparent born in Italy, effectively ending broader claims.
How does this affect descendants of Italian citizens?
Many will find their rights to claim citizenship blocked unless they can prove direct lineage to a qualifying ancestor.
Can individuals challenge the court’s decision?
While the ruling is final, there may be opportunities for future legal challenges based on EU frameworks.
What should current applicants do?
Those with ongoing cases should consider requesting postponements, while new applicants might wait before applying.
Why are some people optimistic about future changes?
Legal experts suggest there may still be avenues for appeal in higher courts, and conditions around citizenship laws can evolve.
