Leggi questa pagina in italiano: Cittadinanza italiana iure sanguinis ↗
Millions of people carry Italian ancestry — and with it, the possibility of Italian citizenship jure sanguinis, by right of blood, and an Italian passport with everything that comes with it: the freedom to live, work and travel across the whole of Europe. This is also the area where the most misinformation circulates, so here is an honest summary of the position as it stands.
What changed
Decree-Law 36/2025, converted into Law 74/2025 and widely known as the Tajani Decree, inserted a new Article 3-bis into the 1992 citizenship act. It provides that a person born abroad who also holds another citizenship is treated as never having acquired Italian citizenship, unless one of the exceptions set out in the provision applies. Applications filed by 27 March 2025 continue to be assessed under the previous rules.
The Constitutional Court ruled in 2026
With judgment no. 63 of 2026, deposited on 30 April 2026, the Court rejected the challenges raised by the Court of Turin, declaring them in part unfounded and in part inadmissible. Law 74/2025 therefore remains in force. Reports that citizenship by descent has been abolished are inaccurate: the reform narrowed the route considerably, but it did not close every path.
The case is now before the EU courts
This is the development most applicants have not heard about. In July 2026 the Constitutional Court, dealing with further referrals from other Italian courts, suspended those proceedings and asked the Court of Justice of the European Union whether the restrictions are compatible with the Treaty provisions on Union citizenship. The outcome is not known and will take time, but it means the question is genuinely open again rather than settled.
What this means for you
The question is no longer simply «can I apply?» but «which legal category does my family line fall into?». That depends on where and when your ancestors were born, when and whether they naturalised, whether any ancestor held Italian citizenship exclusively, whether an application was already pending, and which line the claim runs through.
Alongside descent, the route based on two years of legal residence in Italy for those of Italian descent, and the route through marriage, remain separate paths with their own requirements. I’ll look at your case honestly, tell you exactly where you stand, and, if the direct route has closed, explore the exceptions and alternatives that may still be available to you — including when the answer is no. Given how the law is moving, be sceptical of anyone who promises a guaranteed outcome.
Administrative route or court case
A descent claim can follow two routes. The administrative route runs through an Italian consulate or, for those living in Italy, the municipality of residence. The judicial route is a case brought before an Italian court: it has traditionally been the only option for claims through a female ancestor before 1948, and a remedy when consular waiting lists made the administrative route impractical. Since the 2025 reform, either route requires the claim to fall within one of the exceptions of Article 3-bis, unless it was filed by 27 March 2025.
The 1948 rule and the maternal line
Under the 1912 citizenship law, a woman could not pass Italian citizenship to children born before 1 January 1948, the date the Italian Constitution came into force. Following the Constitutional Court and the Court of Cassation (Joint Sections, judgment no. 4466 of 2009), Italian courts have recognised these claims, but only through court proceedings. After Law 74/2025 a maternal-line claim is subject to the same new limits as any other: whether it can still go ahead depends on when it was filed and whether an exception applies to your family.
Which court decides your case
Court claims are assigned to the specialised section of the Italian court for the district where your Italian ancestor was born. For ancestors born in the provinces of Palermo, Agrigento or Trapani, that is the Court of Palermo. A lawyer based in Palermo means your case is followed on the spot rather than from another region.
Finding the records in Sicily
Every claim rests on documents: the birth, marriage and death records of each person in the line, issued by the civil registry offices of the Italian municipalities concerned, and foreign records showing whether and when the Italian ancestor naturalised. Sicilian records are rich but not always easy to trace from abroad: they may sit in small municipalities, contain spelling variations or record the name in its Italian form. Requests to Sicilian civil registries can be handled locally, and every document is checked before anything is filed.
Time and costs
Every case starts with an assessment of your family line. Only if the claim is viable do we discuss the next steps, with a written fee proposal before you commit. Court timing varies considerably between courts and may be affected by the pending EU referral, so you will receive a realistic estimate for your specific case rather than a generic figure.
Frequently asked questions
Is Italian citizenship by descent still possible in 2026?
Yes, but for far fewer people. Law 74/2025 limits recognition for those born abroad who hold another citizenship, subject to specific exceptions; applications filed by 27 March 2025 follow the previous rules. The Constitutional Court upheld the law in judgment no. 63 of 2026, and a further challenge is now before the EU Court of Justice.
What does jure sanguinis mean?
It is Latin for «by right of blood», also written iure sanguinis. It refers to citizenship passed from parent to child by descent, regardless of the place of birth.
Do I need to travel to Italy?
No. Consultations can take place by video call, and a court case can be conducted through a power of attorney signed abroad before a notary or an Italian consulate, with the required legalisation or apostille.
Which Italian court handles my case?
The court for the district where your Italian ancestor was born. For ancestors born in the provinces of Palermo, Agrigento or Trapani, it is the Court of Palermo.
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Let’s talk
Curious to know whether you qualify? Tell me about your family line — it’s well worth finding out.
This page is general information, not legal advice on your specific case.
About me
Your lawyer in Sicily
I am Gabriele Barone, a lawyer admitted to the Bar of Termini Imerese, with offices in Bagheria and Palermo. Citizenship by descent claims are heard by the court competent for the place where your ancestor was born: if your family comes from the Palermo area, your case will be decided in the courts where I practise.
For about five years I have worked every week alongside Studio Legale Giuseppe Ribaudo, a boutique firm specialising in administrative law. That experience matters when a citizenship matter involves municipalities, consulates or other public authorities.
You can follow the whole process without travelling to Italy: consultations by video call, a power of attorney signed abroad, documents sent by courier. My first step is always an honest assessment of whether your family line still qualifies after Law 74/2025, before you commit to a case.