On 11 March the Italian Constitutional Court will hear challenges to Legislative Decree 36/2025—nick-named the ‘Tajani Decree’—which limited jure sanguinis citizenship claims to applicants with an Italian parent or grand-parent. (en.italiani.it) Several lower courts have referred questions on equality and retroactivity, arguing that the generational cap violates Articles 3 and 24 of the Constitution.
Until 2025, descendants of Italians could seek recognition regardless of generation, provided the line of citizenship had never been interrupted. The new law abruptly excluded millions of third- or fourth-generation Italo-descendants, particularly in Argentina, Brazil and the United States, and prompted a surge of last-chance filings at Italian consulates worldwide.
If the Court strikes down the limit, consular posts and Italian town halls (comuni) could face a renewed wave of applications and back-office verifications—already stretched after pandemic-era backlogs. Immigration lawyers predict case-volumes could triple within 18 months, pressuring municipalities to digitise civil-registry archives and extend appointment hours.
![Constitutional Court to rule on ‘Tajani Decree’ restricting Italian citizenship by descent]()
For anyone who may need to travel to Italy quickly—whether to file documents before deadlines or to explore alternative residence options—VisaHQ can simplify the practicalities. Through its dedicated Italy page (https://www.visahq.com/italy/), the platform streamlines visa applications, offers document-legalisation guidance and provides up-to-date entry requirements, helping applicants, lawyers and mobility managers stay focused on the substantive citizenship or permit strategy rather than paperwork logistics.
Conversely, if the decree is upheld, thousands of pending petitions will be rejected, and many diaspora Italians may pivot to residence-by-investment or elective-residence routes. Mobility managers with talent pipelines from South America should map alternative work-permit options in advance.
A ruling is expected by late April; its effects will be erga omnes, automatically applying to all similar cases. Stakeholders should monitor the Court’s streamed hearing and prepare client communications the same day.
Until 2025, descendants of Italians could seek recognition regardless of generation, provided the line of citizenship had never been interrupted. The new law abruptly excluded millions of third- or fourth-generation Italo-descendants, particularly in Argentina, Brazil and the United States, and prompted a surge of last-chance filings at Italian consulates worldwide.
If the Court strikes down the limit, consular posts and Italian town halls (comuni) could face a renewed wave of applications and back-office verifications—already stretched after pandemic-era backlogs. Immigration lawyers predict case-volumes could triple within 18 months, pressuring municipalities to digitise civil-registry archives and extend appointment hours.
For anyone who may need to travel to Italy quickly—whether to file documents before deadlines or to explore alternative residence options—VisaHQ can simplify the practicalities. Through its dedicated Italy page (https://www.visahq.com/italy/), the platform streamlines visa applications, offers document-legalisation guidance and provides up-to-date entry requirements, helping applicants, lawyers and mobility managers stay focused on the substantive citizenship or permit strategy rather than paperwork logistics.
Conversely, if the decree is upheld, thousands of pending petitions will be rejected, and many diaspora Italians may pivot to residence-by-investment or elective-residence routes. Mobility managers with talent pipelines from South America should map alternative work-permit options in advance.
A ruling is expected by late April; its effects will be erga omnes, automatically applying to all similar cases. Stakeholders should monitor the Court’s streamed hearing and prepare client communications the same day.
