Great-Grandchildren: Citizenship Through the Courts
The 2025 reform and the judicial path for excluded descendants
The reform of Italian citizenship introduced in 2025 changed the iure sanguinis recognition regime, establishing new restrictions that particularly affect great-grandchildren and other descendants who, until then, could apply for recognition of their citizenship with no generational limit. The distinctive feature of the reform is that these restrictions were given retroactive effect, reaching even people born before the new regulation took effect.
Under the previous regime, Italian citizenship iure sanguinis was transmitted by filiation from birth: those born before the reform who met the conditions in force at the time had already acquired Italian citizenship, even if they hadn't yet formally applied for its recognition. That's why the constitutionality of the new regulation has been challenged since its approval by legal scholars, lawyers and various courts.
The judicial path is open
Since the reform took effect, lawyers specialized in Italian citizenship have taken the cases of descendants affected by the new restrictions to court, seeking judicial recognition of a right they consider to have been acquired before the legislative change. Favorable rulings in iure sanguinis citizenship proceedings have been issued even after the new regulation took effect.
This doesn't mean the outcome is guaranteed — it means there is a real, currently open legal controversy over the effects of the reform and the rights of those born under the previous regime.
A question that has already reached the Court of Justice of the European Union
In 2026, the Italian Constitutional Court decided to refer a preliminary question related to the new regulation to the Court of Justice of the European Union (CJEU), asking it to determine whether its effects are compatible with EU law and with the principles associated with European citizenship.
The CJEU's decision could prove decisive for the future of these proceedings. That's why starting a judicial action before new criteria are settled allows you to formally assert your claim for recognition under the legal framework that currently exists.
Your case, represented by the best professionals
Citizenship through the courts takes much more than preparing documentation: it requires building a solid legal strategy, a deep understanding of how the law and case law have evolved, and defending the case before the Italian courts. That's why Sconfinia works together with Italian lawyers highly specialized in iure sanguinis citizenship and in the litigation arising from the new regulation.
Before starting any action, we analyze the line of descent and the legal viability of the case. Once the strategy is defined, we fully coordinate:
- 1Searching for and obtaining Italian and foreign records.
- 2Translations and apostilles.
- 3Putting together the file.
- 4Judicial representation in Italy.
Did the new regulation leave your citizenship outside the administrative path?
We review your family line and the legal circumstances of your case to explain your options before starting any proceedings.