A recent ruling by the Italian Constitutional Court has significant implications for millions of individuals with Italian ancestry, effectively severing their path to citizenship. Historically, Italy's citizenship laws have favored those born to Italian parents, but this ruling is set to change that paradigm.
Since Italy's unification in 1861, a child's citizenship status has been determined by their parents. The civil code established in 1865 mandated that a child born to an Italian citizen automatically held Italian citizenship. This foundational principle of citizenship by descent, known as ius sanguinis, is now under threat.
On Thursday, the Constitutional Court expressed its intent to uphold a controversial law passed in 2025, which restricts citizenship for individuals born abroad. This law, enacted via emergency decree in March 2023, faced challenges from several judges questioning its constitutionality, but the court's preliminary statement indicates support for the government's stance.
“The Constitutional Court has declared the questions of constitutional legitimacy raised by the Turin court partially unfounded and partially inadmissible,” stated the court. A detailed verdict is anticipated in the coming weeks, but the initial announcement is already a severe blow to those hoping for the continuation of Italy's 160-year tradition of citizenship by descent.
Legal experts, like professor Corrado Caruso, expressed disappointment, stating, “It was an extremely clear, harsh intervention. I had hoped it would be judged in breach of some constitutional points, but that wasn’t recognized by the court.”
Italy's citizenship rules have long been intertwined with its diaspora. Previously, Italian emigrants could pass their citizenship to children as long as they did not renounce it, even if they acquired another nationality. Italy has historically been a country of emigration, with millions of citizens seeking better lives abroad, particularly between 1861 and 1918.
The principle of ius sanguinis was reinforced in 1912 and again in 1992, affirming that Italians born and living abroad would retain citizenship. However, the recent law restricts citizenship recognition to those who have a parent or grandparent born in Italy and effectively prohibits dual citizenship for the diaspora. This means that if the parent or grandparent held dual citizenship at the time of the descendant's birth, the right to citizenship is lost.
Political Implications
The ruling has sparked concerns about the political motivations behind it, especially as Italy grapples with its shrinking and aging population. In 2024 alone, over 155,000 Italians emigrated, and more than half a million residents left the country from 2020 to 2024. Regions like Sicily, which have faced significant depopulation, have actively sought to attract Italian descendants to return, but the new citizenship restrictions complicate these efforts.
“This has cut loose a vast number of descendants who had requested recognition but hadn’t been given an appointment,” Caruso noted, highlighting a disparity within families where one sibling may have citizenship while another does not.
Moreover, the ruling complicates the already arduous process for descendants seeking citizenship. Obtaining recognition involves sourcing various documents from ancestral hometowns, which can be costly and time-consuming, often taking years with fees totaling hundreds of euros per document. Additionally, women have historically faced barriers in transmitting citizenship, a situation that many have successfully challenged in recent years.
Future Legal Battles
Despite the court's ruling, some legal experts remain hopeful about the future. Marco Mellone, another citizenship lawyer, emphasized that the new law is not set in stone. “There is still space for argument for cases brought by Italian judges to the constitutional court,” he said, suggesting that ongoing legal battles may still reshape the landscape of citizenship rights.
As Italy faces mounting pressures from its diaspora and the implications of an aging population, the recent ruling has triggered discussions about national identity, belonging, and the role of citizenship in a globalized world. While the court's decision marks a significant shift, the fight for citizenship rights among descendants of Italians is far from over.
Source: CNN News