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Italian Courts Block Generational Limits on Citizenship as Supreme Court Prepares Final Ruling

A Supreme Court ruling after the judicial recess will determine whether Italy’s citizenship-by-descent rules revert to unlimited transmission or uphold Meloni’s generational cap.

Overview

  • On July 31, the Constitutional Court ruled that Law 91/1992 imposes no generational limit on citizenship by descent and blocked any removal of existing rights under the March decree.
  • The Tribunal of Torino has deemed the March 2025 decree unconstitutional for applications filed before its enactment, ordering those cases to be processed under the previous unlimited ius sanguinis rules.
  • Thousands of Argentine and other diaspora descendants are mobilizing judicial challenges to secure Italian citizenship for third and later generations based on recent precedents.
  • Deputy Franco Tirelli said the Constitutional Court’s affirmation of Article 1 creates a jurisprudential foundation that could compel the government or Parliament to revise or overturn the generational cap.
  • All parties now await the Italian Supreme Court’s post-recess decision to deliver a definitive ruling on the validity of the Meloni administration’s citizenship restrictions.