Italian nationality by descent: implications of the new court ruling
Italian nationality by descent is a right historically recognized by Italian legislation, under the principle of jus sanguinisThis principle establishes that every person with Italian ancestry has the right to apply for recognition of nationality, regardless of their place of birth.
In January 2025, the Italian government enacted the so-called Tajani Decree, which imposed a generational limitation on this right. According to this decree, only the children and grandchildren of Italian citizens could obtain Italian citizenship. This excludes previous generations, even if they could provide documented proof of their blood relationship.
However, in July 2025, Italy's Constitutional Court issued a key ruling questioning the constitutionality of this generational limit. According to the ruling, establishing restrictions based on the number of generations contravenes fundamental principles enshrined in the Italian Constitution. For the Italian constitution, the jus sanguinis It is a right inherent to the blood tie and not to generational closeness.
Has the Tajani Decree been repealed?
No. The Tajani Decree remains in force administratively. This means that Italian consular offices and other state agencies continue to apply its provisions. The recent court ruling does not formally invalidate the decree, but it establishes a powerful legal precedent.
In practical terms, this means that those who have been excluded from citizenship recognition for exceeding the generation limit can now appeal to the courts to challenge that exclusion. The ruling does not imply an automatic change for all applicants, but it does provide a solid foundation for those seeking to exercise their right beyond the second generation.
A legal step forward, but not an automatic solution
The Constitutional Court's ruling should be interpreted with caution. While it strengthens the position of many descendants of Italians, it does not guarantee direct or immediate access. The administrative route remains subject to the Tajani Decree, while the judicial route requires preparation, expert legal advice, and complete documentation supporting the genealogical link.
Therefore, this new legal scenario does not automatically open the doors to all interested parties, but it does offer new legal tools for those who wish to advance their application through judicial means.
AIM Global: strategic and reliable legal advice
The recent ruling by the Constitutional Court represents a significant step in defending the right to Italian citizenship by descent, by challenging the validity of a generational limit that excluded thousands of descendants. However, the Tajani Decree continues to be applied by the Italian administration, so each case must be analyzed in detail.
The best way to move forward in this context is to get information from official sources and seek advice from professionals specializing in immigration law and citizenship.
AIM Global We have a team specializing in international mobility and citizenship procedures by descent. We offer a personalized technical assessment for each case, identifying the most appropriate route—administrative or judicial—based on the applicant's profile and documentation.
We accompany the client at every stage of the process, from document review to presenting the case to the authorities. We guarantee a rigorous, strategic, and transparent approach.
Agenda a meeting Contact us to evaluate your case. You won't regret it.
