Constitutional Court upholds
the Tajani Decree
Citizenship by descent restricted: what changes and who can still apply
The Constitutional Court has ruled: the Tajani Decree is law.
What changes for those seeking Italian citizenship by descent — and what to do now
📍 ROME · CONSTITUTIONAL COURT
On March 11, 2026, after months of anticipation by millions of descendants of Italian emigrants worldwide, the Constitutional Court held a public hearing to assess the legitimacy of the so-called Tajani Decree (Law Decree no. 36/2025, converted into Law no. 74/2025).
The following day, March 12, the ruling was issued: the constitutional challenges raised by the Court of Turin were deemed “partly unfounded and partly inadmissible.”
👉 The reform stands. The new rules remain in force.
📋 What the Tajani Decree provides
Effective from March 28, 2025, the decree introduced a generational limit on citizenship jure sanguinis.
In practice:
✅ You can apply if your parent or grandparent was an Italian citizen by birth
❌ If your connection goes back to great-grandparents or earlier generations, automatic recognition is no longer granted
⚠️ The rule also applies retroactively to those who had not started an application before March 27, 2025
⚖️ What the Court decided
🔴 The constitutional objections were rejected: the generational limit does not violate equality or reasonableness principles
🔴 The retroactive application — the most controversial aspect — was also deemed constitutional
🟡 The full written judgment has not yet been published — detailed reasoning will follow in the coming weeks
🟡 On April 14, 2026, the Supreme Court (United Sections) will address a separate issue: the “minor age issue”, concerning the effects of an ancestor’s naturalization while their child was still a minor
👉 What to do now
📌 If you started your application before March 28, 2025:
your case proceeds under the previous rules
📌 If you applied after that date and fall within the second generation limit:
you may continue your application
📌 If you are third generation or beyond and have not yet applied:
consult a specialized lawyer to evaluate remaining options
📌 Wait for the full written judgment in April:
it may open new interpretative possibilities
💬 Do you have an ongoing application or are you planning to apply?
Share your situation in the comments — we’ll try to respond to everyone ⬇️
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