Italian citizenship law is currently undergoing judicial review in Italy’s higher courts.
This page explains:
What is being reviewed
Which courts are involved
What those courts can and cannot change
What this period of legal review realistically means for applicants
This is not a live news tracker and does not provide predictions. Its purpose is to offer institutional clarity during a period of legal uncertainty.
Following the enactment of Law 74/2025, several aspects of Italy’s citizenship framework have been challenged before higher courts.
The reform introduced administrative limits on citizenship by descent (jure sanguinis), including generational restrictions and revised interpretations related to historical transmission rules.
Certain elements of these changes are now being examined through judicial proceedings scheduled in 2026.
Until a court issues a decision and that decision is implemented, Italian authorities continue applying the law as it currently stands.
Constitutional Court
Italy’s Constitutional Court reviews whether laws comply with constitutional principles.
Current proceedings include questions regarding:
Retroactive application of the reform
Constitutional limits on generational restrictions
Procedural mechanisms used to enact the law
The Constitutional Court can invalidate specific provisions if found unconstitutional. It does not redesign citizenship policy or create entirely new frameworks.
Court of Cassation (Supreme Court)
Italy’s Court of Cassation reviews legal interpretation questions.
Current review includes issues related to:
Historical transmission of citizenship
The interpretation of minor-status rules when an ancestor naturalized
The Court of Cassation clarifies how existing law should be interpreted. It does not invalidate legislation on constitutional grounds.
Judicial review is a structured institutional process. It does not automatically result in expansion or restoration of eligibility.
Court proceedings do not mean:
Automatic recognition for previously ineligible generations
Guaranteed retroactive protection
Immediate reopening of applications
That filing now ensures future protection
Any changes depend on formal rulings.
Implementation, if required, follows institutional procedures.
Final recognition of Italian citizenship remains determined by Italian consulates, municipalities, and courts.
Hearings are scheduled in 2026. Decisions are typically issued following deliberation.
Exact timelines cannot be guaranteed, and institutional processes often unfold gradually.
Until formal rulings are issued and applied, current administrative practice remains in effect.
The impact of judicial review varies depending on specific case details.
Some cases may involve:
Generational distance beyond a grandparent
Questions about whether an ancestor naturalized and when
Minor-status considerations at the time of naturalization
Documentation that may clarify or complicate historical transmission
Other cases may be unaffected by current review proceedings.
Two families with similar ancestry stories can face very different legal exposure depending on dates and documentation.
Because of this, eligibility cannot be responsibly evaluated through brief email inquiries following legal announcements.
When court hearings or legal challenges are announced, it is natural to ask:
Am I currently blocked under the new rules?
Would a court ruling change my situation?
Should I move forward now, or wait?
These questions require structured review of timelines and transmission history.
If you would like a written, case-specific explanation of how your family line aligns with current administrative practice — and whether it may intersect with issues under judicial review — a Written Eligibility Assessment may be appropriate.
This assessment provides a structured, informational review of your primary family line under current Italian citizenship rules.
After payment, we will contact you by email to request the necessary family details (names, dates, places, and any naturalization information you have). You do not need to prepare documents in advance.
The written response includes:
Explanation of how current generational limits apply to your case
Review of naturalization timing issues
Consideration of minor-status transmission questions
Identification of factors that may affect eligibility today
Clarification of whether your case relates to issues currently under court review
This service is informational only. It does not:
Constitute legal advice
Create an attorney-client relationship
Guarantee eligibility or recognition
Represent you before Italian authorities
All conclusions are preliminary and non-binding.
Final recognition of Italian citizenship is determined solely by the Italian government, including its consulates, municipalities, and courts.
Request a Written Eligibility Assessment – $95
Disclaimer: BecomeItaliani is not a law firm, and the information provided here does not constitute legal advice or a legal interpretation of current laws. Laws, regulations, and interpretations are subject to change at any time, and the information shared is for general informational purposes only. For specific legal advice or assistance, please consult with a qualified legal professional. While we strive to provide accurate and up-to-date information, we cannot guarantee its completeness or applicability to your unique situation.