For over a century, the citizenship principle of ius sanguinis (right of blood) was seen as an unbreakable bond between Italy and its global diaspora. But as of 2026, that bond is under intense judicial scrutiny.
Following a landmark decision by the Constitutional Court in March to uphold the “Tajani Decree” (Law 74/2025), all eyes have turned to the Supreme Court of Cassation, where judges are set to decide on the citizenship “fine print” that disqualifies thousands of applicants.
The new citizenship law: 74/2025
The legislation, which moved from emergency decree to permanent law last year, fundamentally altered the rules for hereditary citizenship. The most striking changes include:
- The Two-Generation Cap: Citizenship is now restricted to those with a parent or grandparent born in Italy. The days of claiming citizenship through a great-great-grandfather from the 1800s are over.
- The “Exclusivity” Rule: To pass on citizenship, the ancestor must have held only Italian citizenship at the time of their death. If they naturalised elsewhere, the chain is considered broken.
- Language & Fees: New applicants must now prove B1-level Italian proficiency and pay significantly higher administrative fees (up to €600).
What is the Supreme Court querying?
While the Constitutional Court ruled that the law itself is “constitutionally legitimate,” the Supreme Court of Cassation (Sezioni Unite) is currently tackling two explosive technical queries that the legislation left in a “grey zone”.
The “Minor Issue” (The 1912 Conflict)
The Court is reviewing cases where an Italian ancestor naturalized in another country (like the US or Brazil) while their children were still minors. Under old interpretations of a 1912 law, this didn’t necessarily break the chain for the children.
The Supreme Court is now deciding if the new, stricter 2025 logic should be applied retroactively to “sever” these bloodlines, potentially ending thousands of active court cases.
Retroactivity and the “Cutoff” Confusion
Law 74/2025 set a cutoff date of March 27, 2025. Anyone who had an appointment or a filed case before this date is technically “grandfathered” under the old, unlimited rules.
However, the Supreme Court is looking into whether the government can apply the new “strict” standards to cases that were already in the judicial system but hadn’t reached a final verdict.
Legal experts estimate that roughly 60,000 cases are currently in limbo. If the Supreme Court sides with a strict interpretation of the law, it would effectively close the door on the “Great-Grandparent” route forever, even for those who have been waiting years for their day in court.
Opponents argue the law punishes descendants for “administrative inefficiencies”, the notorious multi-year wait times at Italian consulates that prevented many from filing before the 2025 deadline. Proponents, however, argue the reform was necessary to ensure that Italian citizenship remains a “meaningful connection” rather than just a “convenience passport” for those who have never set foot in the country.
The Supreme Court is expected to release its definitive interpretation of the “Minor Issue” and retroactive applications following hearings scheduled for April and June 2026.
