Home EconomyItaly Ends Unlimited Ancestral Citizenship: New Law Limits Jus Sanguinis to Parents, Grandparents

Italy Ends Unlimited Ancestral Citizenship: New Law Limits Jus Sanguinis to Parents, Grandparents

Italy’s Constitutional Court backs new law restricting citizenship by ancestry, ending generations-long jus sanguinis tradition for millions abroad.

by Jake Harper
Italy’s Constitutional Court backs new law restricting citizenship by ancestry, ending generations-long jus sanguinis tradition for millions abroad.

Italy’s long-standing policy of granting citizenship through ancestry, known as jus sanguinis or “right of blood,” is facing a major overhaul after the country’s Constitutional Court signaled support for a controversial law passed in March 2025. For generations, individuals with documented Italian ancestors could claim citizenship, even several generations removed, allowing millions across the United States, Argentina, Brazil, and Australia to reconnect with their heritage. The court’s early indication that it will uphold the law marks a significant shift, potentially narrowing one of Europe’s most generous citizenship policies, reports Baltimore Chronicle with reference to travelpirates.

On March 12, Italy’s Constitutional Court conducted the first of four hearings regarding challenges to the government’s emergency decree from March 2025. The law had been contested by multiple judges who questioned whether restricting citizenship by descent conflicted with Italy’s constitution, a foundational framework that has recognized jus sanguinis since the nation’s unification in 1861. Early proceedings suggest that the Turin court’s objections were deemed largely unfounded or inadmissible. A full written decision, detailing the court’s reasoning, is expected after the remaining hearings conclude. Legal experts describe this early signal as a major setback for those hoping to preserve the previous rules, with potential implications for millions of people who trace their ancestry back to Italy.

Previously, Italian citizenship could pass indefinitely through generations as long as no ancestor formally renounced it. Under the new law, eligibility will be limited to individuals with a parent or grandparent born in Italy who held solely Italian citizenship at the time of their child’s or grandchild’s birth. Distant ancestral chains will no longer automatically transmit citizenship, and dual citizenship among the broader diaspora will face new restrictions. Italian officials argue the law responds to growing strain on consulates and courts from a surge of applications abroad, asserting that citizenship should reflect direct family connections and active ties to Italy rather than distant ancestry alone.

The government cited statistics highlighting the pressure on the system: between 2014 and 2024, the population of Italian citizens living abroad rose from roughly 4.6 million to 6.4 million, with the most substantial increases in Argentina and Brazil. In Argentina, consulates handled approximately 30,000 citizenship applications in 2024, up from 20,000 the previous year. Italian regional courts faced significant backlogs, and consulate waiting lists sometimes extended for years. Officials argue that citizenship should represent a tangible connection to Italy, noting that many descendants abroad neither pay Italian taxes nor participate in elections. The Italian state also raised concerns over EU mobility rights granted through distant ancestry, emphasizing a need to tighten access.

For those already pursuing citizenship claims, legal advice varies. Applicants with active cases are advised by some lawyers to exercise patience, potentially requesting delays in proceedings until the legal situation clarifies. Another legal challenge is scheduled for April 14 at the Court of Cassation, Italy’s highest judicial authority. For prospective applicants, experts suggest waiting, as European courts in Luxembourg may eventually influence the debate. Those already holding Italian citizenship are not expected to lose status, and ongoing applications are unlikely to be canceled immediately. However, future claims based on ancestry beyond parents or grandparents will likely face substantial restrictions.

The timing of the court’s signal has drawn attention, given Italy’s ongoing demographic decline. In 2024 alone, over 155,000 Italians emigrated, contributing to a broader trend of population loss that saw more than half a million residents leave between 2020 and 2024. Efforts by municipalities, particularly in southern regions like Sicily, to attract descendants back—such as Mussomeli’s one-euro home initiative and recruitment of Argentine doctors with Italian roots—may become harder to sustain under the new rules. Critics note the irony of encouraging diaspora engagement while simultaneously narrowing citizenship eligibility.

Italy’s citizenship framework has long reflected its complex relationship with its global diaspora. For more than a century, descendants of emigrants maintained the right to reconnect with their ancestral homeland. While legal proceedings and challenges are ongoing, the Constitutional Court’s current trajectory suggests that Italy is redefining what it means to belong to the nation, and for millions seeking citizenship through family heritage, the window to claim this right may be rapidly closing.

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