March 11 is the date. Italy’s Constitutional Court will hold its public hearing to decide whether the citizenship law that, one year ago, closed the door to millions of people seeking to recover their Italian citizenship is constitutional. The decision could reopen the path to Italian citizenship for thousands of families around the world. Today will try to explain how and why.
This isn’t a sales pitch from me, and I am not trying to create false hope for anyone. I am writing to you, as I know many of you have genuine interest in Italian citizenship, and I believe you deserve a clear explanation of what is actually happening. If you find this useful, or feel others would, please share it with them.
Let’s get to it!
What Is Happening Right Now
Your right to Italian citizenship is not lost.
A year ago, when the Italian government set a two-generation limit on the right to recover Italian citizenship without any warning, many people reached out to us disheartened. Worried that years of document collection were gone forever. Even then, we told you: not yet. We meant it then. We mean it now, perhaps more than ever.
On March 11, 2026, Italy’s Constitutional Court holds its public hearing on Article 3-bis of Law 74/2025, the rule at the heart of the Tajani Decree. The case was brought by a court in Turin, which stated plainly that a law cannot erase a birthright simply because the government needed to avoid a “rush to the desks.”
The court of Turin essentially employed the same reasoning that we predicted in the applications we filed for our clients after the Decree was enacted.
The ruling is expected by April 2026. What the Court decides will apply to everyone, not only to the parties in the case, but to every person affected by Italian law, anywhere in the world.
For years, people poured their hearts, time, and resources into the dream of Italian citizenship, all in good faith, all playing by the rules. They were not asking for a favour. They were simply seeking recognition of a right they possessed at birth.
Why The Law Is Being Challenged
Three constitutional problems the Court cannot easily ignore.
Before March 28, 2025, Italian citizenship by descent had virtually no generational limit. The Tajani Decree changed that overnight, applying new, far stricter rules retroactively to people born long before the law existed, with no meaningful advance notice.
1. Citizenship acquired at birth is permanent. This has been confirmed repeatedly by Italy’s highest courts. A decree cannot erase it for an entire generation without warning.
2. The March 27 deadline was a guillotine. Members of the Italian Parliament acknowledged that the aim was to prevent people from exercising a right they had previously been told they possessed.
3. Italian citizenship is EU citizenship. Any measure that strips it must be proportionate and must allow individuals a genuine opportunity to protect their position. The new law failed to do so.
What Could Happen
Three scenarios, and what each one means for you.
These are hypotheses, not certainties. But they are grounded in the consistent interpretation of legal scholars, multiple Italian courts, and the Constitutional Court’s own prior rulings.
Outcome A: Full Retroactive Unconstitutionality (Most Likely)
Article 3-bis could be declared unconstitutional for everyone born before March 28, 2025. The two-generation cap disappears retroactively, for everyone. The Italian family line that goes back to a great-great-grandparent born in Italy, no matter how many generations separate you today, could once again be enough to allow descendants to recover their Italian citizenship.
This is the outcome many of our readers are hoping to hear when the Constitutional Court delivers its decision.
Outcome B: A Grace Period Window (Also Possible)
Rather than striking the law down entirely, the Court would order a transitional period, likely several months, during which applications may be filed under the pre-reform rules. At the end of that window, the two-generation limit becomes permanent. In this scenario, speed would matter enormously. Those who have their Italian documents ready when the window opens will make it through. Those who are not ready and haven’t started the collection of these documents might not meet the deadline.
Outcome C: Full Constitutionality Confirmed (Least Likely)
The Court would uphold Law 74/2025 in its entirety. This outcome is still possible, but in the assessment of most legal commentators, less probable. Even in this scenario, many of our clients would retain viable pathways. We would advise clients individually and without delay.
The Single Most Important Step Right Now
Start, or restart, collecting your documents.
We don’t have a crystal ball. But here is what we do know: if a window opens, it will not stay open long. USCIS alone can take over six months to produce naturalisation records. Some Italian municipal archives take just as long. Every apostille, every vital record, every certificate in your genealogical chain takes time, time that you may not have once the decision lands.
The families who are ready when the gate opens are the ones who make it through.
Whatever the outcome, the clients who act first will be in the strongest position.
Your Position At A Glance
What to do, by situation.
Case filed before March 28, 2025 – pending Pre-reform rules apply; case active
Your application is safe! Contact us to confirm hearing status and be ready for rapid follow-up after the decision.
Case filed after March 28, 2025 – pending Subject to Art. 3-bis
We are actively requesting the courts to suspend the already filed hearings until the Constitutional court decision is published. Also in this case you don’t need to take any steps on your own. We will contact you directly the moment the decision of the Constitutional court is published.
Application rejected after March 28, 2025 On the basis of Art. 3-bis
A ruling of unconstitutionality gives you solid ground to reopen your case. Preserve all rejection documents and be ready to act immediately within days of the decision of the Constitutional Court.
No application yet – ancestry beyond two generations Currently excluded under Art. 3-bis
This is the group with the most to gain. Under the two positive outcomes of the Constitutional Court, the path reopens. Start your document file immediately: apostilles, vital records, and naturalisation certificates. Speed will matter. Be ready to move as soon as the ruling of the Constitutional Court confirms the illegality of the new citizenship law.
No application yet – ancestry within two generations Still eligible under current rules
Even under the current rules, you have a good case. That doesn’t mean you should sit on it. The law may change soon, and nobody knows exactly when or how. If the Constitutional Court strikes down the current rules, the Government will almost certainly look for other ways to limit applications, and quickly.
So move now. Get your documents together, start the process, and don’t give this administration any excuse or opportunity to close the door on you. Contact us immediately.
You have nothing to gain by waiting. You have everything to lose.
Citizenship already formally recognised No action required
The reform does not affect recognition already obtained of Italian citizenship by descent. Ensure your documents and records are in order for consular purposes.
Also On The Radar
The Supreme Court of Cassation (Unified Sections) regarding the minor issue is in play too.
The March 11 hearing is not the only legal front we are monitoring closely. A separate question is pending before the Sezioni Unite, Italy’s highest court on matters of legal interpretation, regarding whether a minor born abroad to Italian parents loses Italian citizenship when those parents naturalise in a jus soli country.
Until 2024, the answer was a consistent, decades-long no. A controversial 2024 ruling disrupted that certainty, creating confusion at consulates and municipal offices across the world.
The Sezioni Unite have been called to settle the matter definitively. If they restore the traditional rule, thousands of cases rejected or stalled across the Americas and Australia could be reopened. No hearing date has been set as of today. We are monitoring this closely.
From Our Desk
A year ago, when our inbox started filling with hundreds of questions – “Is my dream over? Is my investment lost?” – I gave you an honest answer: probably not. In the coming weeks, we will find out whether your case and your cause can be saved, and how.
We don’t know the outcome. No one does. But we do know this: the clients who are prepared, who have their documents ready, and who have legal representation in place will be the ones who benefit most, whatever direction the Court takes.
We will send a full analysis to all active clients within a few hours of publication of the decision. If you are not yet a client, reach out today. Speak with us before the decision lands.
Know someone who has been asking questions about Italian citizenship? Share this article with them. This is exactly the kind of information they need.
This article is provided for informational purposes only and does not constitute legal advice. Each situation is different; please consult a qualified professional for advice specific to your circumstances.
