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Italy’s Top Courts Clash Over Citizenship by Descent

A national ruling affirms that birthright Italian citizenship cannot be lost automatically, with the constitutional court sending the 2025 reform to the EU court for review.

Overview

  • The Corte Suprema di Cassazione (Sezioni Unite) has issued a unified ruling that citizenship acquired at birth is a personal right that does not lapse without an express renunciation.
  • The Corte Constitucional did not rule on the 2025 Ley 74/2025 and instead referred a prejudicial question to the Tribunal de Justicia de la Unión Europea to assess the law’s compatibility with EU treaties.
  • Practical recognition is not automatic because Italian consulates and comunes must update administrative practice and may evaluate documents and procedures case by case.
  • Lower Italian courts have continued to hand down favorable decisions for some descendants and lawyers urge individual legal strategies to address documentary gaps and local formalities.
  • If the TJUE backs challenges to the reform, many applicants in Argentina, Brazil, Uruguay, Venezuela and Mexico could see broader access to citizenship, so the EU court’s timetable and new administrative rules are the next key developments.