December Updates from Your Italian Passport

As you may recall, on July 31, 2025, the Constitutional Court of Italy ruled that efforts to limit access to citizenship jure sanguinis to the children and grandchildren of Italy-born persons on the grounds of unconstitutionality were meritless. A constitutional challenge to the new law on similar grounds was initiated by the court in Turin in June 2025 and decision is expected in March 2026. A declaration of unconstitutionality of the generational restriction element of law 74/2025 would have immediate effect on cases both bound for the consulates and the courts.

On July 18, 2025, the ‘minor issue’ naturalization case pending before the Supreme Court was referred to the joint section (all judges) of the Court for an en banc ruling. It is not anticipated that the judges will require a new hearing be held, and their collective decision could be handed down at any time. A favorable decision by the joint section will have application in the courts only as the Supreme Court is an advisory entity and any decision which advises that naturalized ancestors are viable sources of citizenship in certain circumstances will not be adopted by the Ministry of Foreign Affairs which seeks to keep the number of applications received by the consulates it oversees to a minimum.

The collective effect of the legal changes already transpired and anticipated in coming months is that the vast majority of applicants for recognition of citizenship must now submit their applications to the courts in Italy. Due to the volume of clients in this posture, Your Italian Passport (YIP) has brought on a second legal partner in Italy, Aprigliano, a Milan-based firm headed by its founder, Salvatore Aprigliano, specializing in Italian dual-citizenship. Moving forward, all YIP clients looking for referral to an attorney to represent them in Italy will be provided information both about Aprigliano and Studio Legale De Fazi (SLDF).