Italian citizenship by descent: the 3 key rulings of 2026

2026 was a pivotal year for citizenship by descent. Here are the three most important decisions and what they mean in practice.

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1. Constitutional Court, judgment 63/2026: the reform stands

The Court rejected the challenges to the 2025 reform (Decree-Law 36/2025, Law 74/2025): the law doesn't affect status already formally recognised, only situations not yet finalised. In practice, the restrictions still apply.

2. Order 147/2026: questions to the EU Court of Justice

Months later, the same Court asked the EU Court of Justice whether the automatic, across-the-board loss of EU citizenship caused by the reform is compatible with EU law. Until it answers, the issue remains open.

3. Cassation, Joint Sections 24045/2026: the minor issue resolved

For years, claims were refused because the Italian ancestor naturalised abroad while their child was a minor. The Court ruled that a minor born in a jus soli country (US, Brazil, Argentina, etc.) was a dual citizen from birth and did not lose Italian citizenship when the parent naturalised. This is decisive for cases filed before 27/03/2025.

What it means for you

  • Filed before 27/03/2025: the old rules apply and the minor-issue ruling may help you.
  • Not filed: you need a parent or grandparent who held only Italian citizenship, or a parent who lived 2 years in Italy before your birth.
  • If you don't qualify: residence in Italy (2 years for children and grandchildren of Italians by birth) may be the route.

Published: 23 October 2026. This guide is general information and does not replace a lawyer's advice on your specific case. Italian immigration rules change often.

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