On 30 April 2026 the Italian Constitutional Court issued its decision on the recent challenge to the citizenship‑by‑descent (jure sanguinis) rules introduced by the 2026 DM decree. The Court’s judgment upheld the decree, confirming that the new eligibility criteria remain in force.
Scope of the review
The Court limited its analysis to the specific questions raised in the case heard in June 2026. It did not conduct a general review of the DM decree; instead it addressed three constitutional arguments:
- Equality – whether the decree discriminates against certain applicants.
- Non‑retroactivity – whether the decree retroactively removes citizenship that was already acquired.
- Discrimination – whether the decree creates unjustified distinctions among applicants.
Main findings
- Validity of the decree – The Court found that the rules, as written, do not violate the constitutional principles of equality, non‑retroactivity, or discrimination.
- No retroactive loss of citizenship – The decree treats individuals who never applied for citizenship by descent as never having acquired Italian citizenship. Consequently, there is no retroactive removal of a “birth right” because, under the reform, those persons were not considered citizens at birth.
- Protection for applicants who acted before the cutoff – The Court affirmed that applicants who had secured an appointment with a consulate or had already submitted their application before the decree’s effective date must be protected. The government may, at its discretion, treat those who never showed interest differently from those who had taken concrete steps (appointment or application).
Unresolved issue
The Court declined to rule on a category of applicants who attempted to obtain a consular appointment but were unable to do so—e.g., because the consulate was closed, they were on a waiting list, or other procedural obstacles prevented them from filing. This point was not included in the request submitted by the Court of Torino, so the Constitutional Court could not address it.
Lower Italian civil courts, however, have already issued rulings in favor of claimants who could not secure an appointment through no fault of their own, suggesting a possible avenue for relief outside the Constitutional Court’s decision.
Outlook
A further Constitutional Court review is scheduled for June 2026. It will consider additional constitutional principles that were not part of the April 30 ruling and could lead to modifications of the current citizenship‑by‑descent framework.
Practical implications for prospective applicants
- Secure an appointment or submit an application before the decree’s cutoff date – those who have done so are currently protected by the Court’s decision.
- Applicants who missed the appointment window should monitor the upcoming June review, as the Court may address their situation.
- If you were unable to obtain a consular appointment due to closures or waiting‑list issues, consider seeking relief through the civil courts, which have shown willingness to recognize such circumstances.
Until the June review is concluded, the 2026 DM decree’s citizenship‑by‑descent rules remain operative, with the protections outlined above applying to those who acted before the cutoff.
