Italian citizenship news: court rules Tajani Decree not retroactive for pre-march 2025 applications
An important decision from the Court of Campobasso has confirmed that recent restrictions on Italian citizenship by descent cannot be applied retroactively to applications filed before 28 March 2025.
For thousands of families worldwide, this ruling provides clarity, and renewed confidence, at a time of significant legislative change.
What Changed in 2025?
In 2025, the Italian government introduced the Tajani Decree (Decree-Law 36/2025), later converted into Law 74/2025. The reform dramatically tightened eligibility under jure sanguinis (citizenship by descent).
The new law:
- Limits eligibility to children and grandchildren of Italian-born ancestors
- Introduces generational caps for those born abroad
- Attempts to apply certain provisions retroactively
This marked a major departure from Italy’s long-standing recognition of citizenship as an automatic right transmitted through bloodline, without generational limits.
The Campobasso Decision
In a case involving applicants who had filed before the decree came into force, the Court of Campobasso rejected the Ministry of the Interior’s attempt to apply the new restrictions retroactively.
The court held that:
- Italian law protects acquired rights
- New legislation cannot interfere with applications already lodged
- The decree contained no clear language permitting retroactive application
The applicants were formally recognised as Italian citizens, and the Ministry was ordered to cover legal costs. The court also refused to suspend proceedings pending constitutional review.
The practical effect is clear: applications filed before 28 March 2025 must be assessed under the previous legal framework.
Constitutional Court Review: A Broader Challenge
The story does not end there.
On 31 July 2025, the Constitutional Court of Italy issued Judgment No. 142/2025, reaffirming that citizenship by descent is an automatic right with no generational limit.
Importantly:
- The Court did not invalidate Law 74/2025.
- However, the judgment significantly strengthened the constitutional arguments against the new restrictions.
Following referrals from lower courts, including the Court of Turin, the Constitutional Court has formally agreed to review the constitutionality of Law 74/2025, particularly its retroactive provisions.
A public hearing has been scheduled for 11 March 2026.
Cassation Court Involvement
In parallel, the Corte di Cassazione convened in January 2026 to consider whether the restrictive rules can apply to pending or pre-deadline applications.
This indicates that Italy’s highest judicial bodies are actively examining the scope and limits of the reform.
What Is Most Likely to Change?
Legal commentators suggest several possible outcomes:
- Retroactive Provisions at Greatest Risk
The most vulnerable aspect of the law appears to be its retroactive application. Courts have historically protected individuals whose rights were already in motion.
- Potential Softening of Generational Limits
The Court could preserve the new framework for future applicants while striking down specific unconstitutional elements, particularly retroactive clauses or aspects of the generational caps.
- No Full Repeal (For Now)
Law 74/2025 remains in force during judicial review. A complete reversal would likely require legislative action, not just a court ruling.
A final constitutional ruling is expected by spring or summer 2026.
Why This Matters
For applicants who filed before 28 March 2025, the path forward is increasingly supported by judicial precedent.
The Campobasso ruling confirms that pre-decree applications are protected. The Constitutional Court review signals that the most controversial elements of the reform (especially retroactive restrictions) face serious constitutional scrutiny.
While no full reversal has occurred, the legal landscape remains active and cautiously hopeful, particularly for families whose citizenship claims were already in progress when the law changed.
If you submitted your application before March 2025, or if your eligibility extends beyond grandchildren of Italian-born ancestors, professional legal guidance by our team is essential in this evolving environment.
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