Historic Ruling on "Jure Sanguinis" DualCitizenship: What Changes for Italian Descendants

Groundbreaking decision in favor of recognizing Italian dual citizenship by right of blood.

A revolutionary decision by the Constitutional Court on July 31, 2025, has marked a fundamental turning point for thousands of Italian descendants worldwide. The ruling declared the unconstitutionality of Article 1, paragraph 1, of Law No. 123 of 1983, in the part that did not recognize the transmission of Italian citizenship through the maternal line to children born before January 1, 1948, the date the Italian Constitution came into force.

To understand the significance of this decision, it is necessary to take a step back and analyze the previous situation.

The Old Rule and Gender Discrimination about dual citizenship

Until yesterday, Italian law allowed the transmission of citizenship through the maternal line only to children born starting from January 1, 1948. For children born before that date, a more restrictive interpretation of the pre-constitutional law was in effect, which recognized citizenship only through the paternal line. This discriminatory rule has for decades forced thousands of descendants to resort to the judicial route (the so-called "maternal line lawsuit") to have their right recognized.

What the New Ruling Establishes

With its latest pronouncement, the Constitutional Court has definitively eliminated this gender disparity. The Court recognized that the principle of equality between men and women, a cornerstone of our Constitution, must be applied retroactively also for the transmission of citizenship. In effect, it has established that the children of Italian women born before 1948 have the same right to citizenship as the children of Italian men, without any time limitation.

The Implications for Italian Descendants

This ruling has direct and immediate consequences for all those interested in the recognition of Italian dual citizenship:

• Administrative Route: The decision paves the way for a potential simplification of the process. In theory, the obstacle of judicial appeals for the maternal line could be overcome, allowing in the future for applications to be submitted directly through the administrative route, either at Consulates or in the Comuni.

• Pending Judicial Cases: Lawsuits already filed and in progress will immediately benefit from this ruling, with a certain prediction of a favorable outcome. Judges will no longer be able to deny citizenship recognition based on the 1948 limit.

• New Applicants: Anyone about to start the process will no longer have to worry about resorting to the Court in cases of descent from an Italian woman with children born before 1948.

A New Perspective: The 1992 Law and Beyond

Furthermore, the Constitutional Court has recently reaffirmed the legitimacy of the 1992 citizenship law. This means that, according to the law, an Italian is anyone who is a child of an Italian, without any reference to where they live or generational limits.

But this is just the beginning. The Constitutional Court will convene again in a few months to judge the so-called "Tajani Law." We are confident and certain that this new law will be legally dismantled.

Next appointment for "jure sanguinis" citizenship is scheduled for MARCH 2025!

Let's move forward with the lawsuits! We are always by your side, with strength and determination, to defend the right to Italian citizenship.

La Nuova Legge sulla Cittadinanza Italiana (Decreto Tajani): Analisi Critica e Prospettive Future