Breaking: Italy Constitutional Court Upholds Citizenship Restrictions (March 2026)
March 12, 2026 -- Italy's Constitutional Court has ruled in favor of the government, declaring the challenges to Law 74/2025 (the Tajani Decree) 'partially unfounded and partially inadmissible.' This is a major blow to millions of diaspora descendants who hoped the courts would reverse the 2025 restrictions.
What the Court Said
The Constitutional Court rejected the challenges raised by the Tribunal of Turin, which argued that the retroactive application of the new law was unconstitutional. The court's press release stated the questions of constitutional legitimacy were 'partially unfounded and partially inadmissible.'
What This Means
- The generational cap at grandparent level stands
- Great-grandparent claims remain closed for new applicants
- The EUR 600 application fee is confirmed
- Grandfathering provisions for pre-March 27, 2025 appointments remain valid
Is There Still Hope?
Three additional constitutional questions from the courts of Mantua and Campobasso are still pending. Some legal experts believe these challenges, which focus on different legal arguments, may have stronger chances.
Additionally, some lawyers are now suggesting that descendants may take their cases to EU courts in Luxembourg, arguing that the retroactive nature of the law violates EU principles.
The B1 Language Proposal
A new bill in the Italian Parliament would create an alternative pathway for descendants beyond the grandchild generation: demonstrate B1 Italian language competency to qualify. This has not yet become law but is being actively discussed.
What You Should Do
- If your claim is through a parent or grandparent: you are unaffected. Proceed normally.
- If you were grandfathered (pre-March 2025 appointment): your rights are preserved. Proceed.
- If you had a great-grandparent claim: consult an attorney about the pending Mantua/Campobasso challenges and the potential EU court route.
- Do not give up: the legal landscape is still evolving.
Related
Discuss this ruling in our Italy community forum.
