Since Italy’s unification in 1861, citizenship has followed a straightforward rule: a child born to an Italian citizen is automatically an Italian citizen. This principle, known as ius sanguinis, was embedded in the civil code from 1865 and granted citizenship by descent for over 160 years. However, a recent ruling by the Italian Constitutional Court signals a dramatic shift that could cut off millions of people with Italian roots from claiming citizenship.
The court has indicated its support for a controversial 2025 law introduced by the Italian government, which significantly restricts citizenship rights for those born abroad. The law limits citizenship eligibility to descendants who have a parent or grandparent born in Italy holding only Italian citizenship at the time of their own child’s or grandchild’s birth. This effectively ends the longstanding tradition of dual citizenship for the Italian diaspora.
Background and Historical Context
Historically, Italy experienced massive emigration between 1861 and 1918, with some 16 million Italians leaving for better opportunities abroad. Many retained their Italian citizenship even while settling overseas, passing it on to their descendants across generations. The 1912 citizenship law and the 1992 update reinforced the idea that Italians born abroad could maintain their citizenship if their ancestors did not renounce it.
This principle has been vital to the Italian diaspora, particularly in countries such as Argentina and the United States. It allowed millions to remain connected legally and culturally to their ancestral homeland despite living abroad. The process to claim citizenship was often lengthy and costly, involving the retrieval of ancestral documents and long waits for consular appointments.
New Citizenship Restrictions and Legal Challenges
The law passed last March imposes strict conditions: descendants must have a direct parent or grandparent born in Italy, who held solely Italian citizenship at the relevant times. Dual citizenship claims that do not meet this criterion are now denied. This policy shift also affects those descended from Italian women who had children before 1948, as women were not legally allowed to transmit citizenship at that time.
Legal experts and citizenship lawyers have criticized the new law. Professor Corrado Caruso, who challenged the law’s constitutionality, described the court’s initial ruling as a “harsh intervention” that failed to recognize key constitutional points. He called the outcome a setback for families split by citizenship status, where siblings could have different legal rights due to the new restrictions.
Implications for the Italian Diaspora
Between 2014 and 2024, the registered number of Italian citizens living abroad rose from 4.6 million to 6.4 million. Citizenship applications surged, overwhelming consulates, especially in countries like Argentina, where applications reached 30,000 last year. Italy’s government cited concerns over the high volume of requests, potential weakening of civic ties, and geopolitical factors as reasons for tightening citizenship rules.
The new law threatens initiatives designed to combat Italy’s shrinking and aging population. For instance, Sicilian towns, which have invited Italian descendants from abroad to return and help revitalize local communities, may no longer benefit from diaspora citizens barred by the citizenship restrictions. The passage of this legislation coincides with record emigration numbers, creating additional demographic challenges.
Legal and Political Outlook
The Italian Constitutional Court’s decision is not final; it still faces two other referrals, and some legal experts hope for relief from European Union courts. Lawyer Marco Mellone remains cautiously optimistic, planning to contest the law in Italy’s highest court later this year. He emphasized that citizenship is a right irrevocably acquired at birth and warned that the government’s reinterpretation threatens fundamental legal principles.
For families seeking citizenship, the new ruling complicates an already difficult process. Obtaining citizenship now may require legal appeals and continued patience, with some lawyers advising postponement of new applications until legal clarity emerges. While the court’s verdict shapes the immediate future, the broader legal battle over citizenship rights for millions of Italians abroad is ongoing.
Key Points on Italy’s Citizenship Law Changes:
- Citizenship will be granted only if a parent or grandparent was born in Italy and held only Italian citizenship.
- Descendants with ancestors who acquired foreign citizenship before their birth may lose eligibility.
- Women who passed citizenship after 1948 are affected, impacting descendants born before that date.
- The process for claiming citizenship abroad was expensive and time-consuming even before the changes.
- The Constitutional Court supports the government’s view, but other legal challenges remain.
This shift marks a significant departure from Italy’s historic policy of inclusive citizenship by descent. It leaves millions of people with Italian heritage navigating a new legal landscape that may deny them ties to their cultural and ancestral identity. The coming months will reveal how courts and lawmakers respond to the mounting challenges raised by Italy’s global diaspora.
Read more at: www.cnn.com
