Is Italy Ending Citizenship
by Descent?
No, but it is much narrower than it was. Here is what changed, what did not, and what is still pending.
Last updated: November 8, 2026
Short answer (as of November 2026)
No. Italy has not abolished citizenship by descent, but in 2025 it narrowed it sharply. Since March 28, 2025, people born abroad who hold another citizenship generally qualify only through a parent or grandparent who held exclusively Italian citizenship, or a parent who lived in Italy for two years as a citizen before their birth. Italy's Constitutional Court rejected the constitutional challenges to the law in April 2026, and separate EU-law questions are now pending at the EU Court of Justice in case C-816/26. The law stays in force while it does.
- Not abolished: parent and grandparent lines still work if they meet the 2025 test
- Great-grandparent and older lines generally no longer work for new applications
- Cases started by 11:59 PM Rome time on March 27, 2025 follow the old rules
- April 2026: Constitutional Court rejected the challenges before it. July 2026: questions sent to the EU Court (C-816/26)
- The June 2025 referendum was about naturalization, not descent, and it failed
What changed in 2025
Decree-Law 36/2025, dated March 28, 2025, in force from March 29, 2025 and converted by Law 74/2025, added Article 3-bis to Italy's citizenship law. Before it, there was no limit on generations: a line could reach back to an Italian ancestor who was alive after Italy's unification in 1861. Now a person born abroad who holds another citizenship is treated as never having acquired Italian citizenship, unless one of these applies:
- Their case was started by 11:59 PM Rome time on March 27, 2025
- A parent or grandparent held exclusively Italian citizenship at their birth, or at the ancestor's death if earlier
- A parent lived in Italy for at least two years in a row as a citizen, after becoming a citizen and before the person's birth
Our Law 74/2025 guide explains each condition.
What did not change
- Citizenship by descent still exists. Parent and grandparent lines that meet the test are recognized
- People already recognized remain citizens; the 2025 rules apply to new applications
- Recognition by descent still has no language test and no requirement to live in Italy
- Children of Italian citizens can still become Italian, under rules that depend on their age; see registering children by 2029
The referendum myth
Many people heard that Italy "voted on citizenship" in 2025. It did, but not on descent. The referendum of June 8 and 9, 2025 included a question that would have cut the years of legal residence needed for adults from outside the EU to apply for naturalization from 10 to 5. It failed because turnout, about 30.6%, fell short of the required 50%. It had nothing to do with citizenship by descent.
The court challenges
| Date | What happened |
|---|---|
| April 30, 2026 | Constitutional Court Judgment 63/2026 rejects the constitutional challenges raised by the Court of Turin (explained here) |
| July 23, 2026 | In separate proceedings, the Constitutional Court (Order 147/2026) refers questions to the EU Court of Justice |
| August 26, 2026 | The EU case, C-816/26, opens its written phase |
| Next | A possible hearing, an Advocate General's opinion, then a judgment. No dates have been announced |
EU references often take well over a year, and nobody can predict the outcome. Until a judgment, the 2025 law applies. Our EU court case tracker is updated as the case moves.
Other changes in 2026
- Consulate centralization. Under Law 11/2026, consulates keep processing applications from adults abroad under yearly caps until December 31, 2028. From January 1, 2029, those applications go to a central office in Rome. See consulate centralization
- The Minor Issue. A July 2026 Court of Cassation ruling changed how older cases involving minor children are treated. See the Minor Issue after 2026
If you don't qualify today
- Gather your records now, so you are ready if the EU Court's ruling changes things. See citizenship through a great-grandparent
- If a parent or grandparent of yours is recognized, naturalization after legal residence in Italy can be an option, with its own requirements, including Italian at B1 level
- If your spouse is Italian, you may be able to apply for citizenship by marriage
- Leave your email above and we will tell you when the EU Court rules
Not sure the new rules leave you a route?
We'll check your line and tell you honestly whether you qualify today.
Sources
- Decree-Law 36/2025 as converted by Law 74/2025 (Normattiva)
- Law 91/1992 on Italian citizenship (Normattiva)
- Law 11/2026 on consular citizenship procedures (Normattiva)
- Court of Justice of the EU: case C-816/26
- Italian Interior Ministry: election and referendum results
This guide is general information, not legal advice. Rules and consulate practice change; check the official sources or ask us before acting.
Questions about the 2025 changes
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