March 11, 2026, is a crucial date for the future of Italian citizenship by descent. On that day, the Italian Constitutional Court will hold a public hearing to examine the constitutionality of the so-called Tajani Decree, the reform that profoundly changed the rules of citizenship swear sanguinis.
The Court's decision could have significant consequences for thousands—and potentially millions—of Italian descendants around the world.
What is the Tajani Decree?
Legislative Decree No. 36 of 2025, later converted into Law No. 74/2025, introduced new limitations on the recognition of Italian citizenship by descent. In particular, the reform established a generational limit: the possibility of obtaining recognition is limited to descendants who have at least one parent or grandparent who is an Italian citizen.
Traditionally, however, Italian citizenship swear sanguinis it could be transmitted without generational limits, as long as the line of descent had not been interrupted.
The new legislation has therefore significantly restricted access to citizenship, especially for the descendants of Italians who emigrated in the 19th and 20th centuries.
Doubts of constitutionality
Several Italian courts have raised doubts about the new law's compatibility with the principles of the Constitution. Among the most debated issues are:
- the possible conflict with the principle of equality before the law;
- the limitation of the acquired rights of Italian descendants;
- the possible retroactive application of the new restrictions.
The Constitutional Court will have to evaluate in particular the legitimacy of theArticle 3-bis of the Citizenship Law (Law 91/1992), introduced by the 2025 reform.
According to some legal interpretations, the rule could be disproportionate and unreasonable, especially if applied to people born before the reform came into force.
A process followed throughout the world
The hearing on March 11, 2026, will be closely followed by Italian communities abroad, law firms, and associations of Italian descendants. For many, the Court's decision will determine whether it will still be possible to obtain Italian citizenship based on the historical tradition of the Italian Republic. swear sanguinis.
At stake is not only a legal issue, but also the relationship between Italy and its vast global diaspora.
Possible scenarios
The Constitutional Court could reach several conclusions:
- Confirm the law, maintaining the new generational restrictions.
- Declaring some parts of the reform unconstitutional, eliminating or modifying the limits.
- Cancel the rule, restoring the previous system, at least for a while.
A decision that could change the history of citizenship
For thousands of people who have already applied or are planning to do so, the ruling will be a turning point.
If the Court were to invalidate the restrictions introduced in 2025, many applications could be reevaluated under the previous rules, reopening access to Italian citizenship to a much wider range of descendants.
March 11, 2026, could therefore mark a decisive moment in the debate on Italian national identity and the link between Italy and its children around the world.
If you want information on how to obtain Italian citizenship you can write to us by email at ppgad@pucrs.br or via WhatsApp on +39 3792638860
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