Italian Citizenship by Descent (jure Sanguinis) in 2026, Law 74/2025, Budget Law Changes and How to Apply or Appeal

The rules governing citizenship by descent Italy have undergone their most significant overhaul in three decades. Decree‑Law No. 36/2025, converted into Law No. 74/2025 on 23 May 2025 and supplemented by amendments in the 2026 Budget Law, has redrawn the eligibility map for jure sanguinis recognition. Constitutional Court Judgment No. 63/2026 has since confirmed the broad constitutionality of the new framework, narrowing the options available to applicants who relied on more remote ancestral lines. This guide walks claimants, family lawyers and migration advisers through the current eligibility tests, the documents and filing routes that remain open, and, critically, the administrative and judicial remedies available when a consulate or municipal anagrafe rejects an application.

Whether you are deciding whether to file a new application, assessing an existing claim caught by the transitional rules, or preparing a citizenship administrative appeal before the TAR, the analysis below sets out the practical steps, deadlines and strategic options you need to act on now.

What Changed, Law No. 74/2025, Decree‑Law No. 36/2025 Conversion and 2026 Budget Law Amendments

Italy’s citizenship framework has been anchored in Law No. 91/1992 since its enactment. For decades, that statute allowed descendants of Italian nationals to claim recognition of citizenship by descent, jure sanguinis, with no generational ceiling, provided the unbroken chain of Italian citizenship could be documented. The so‑called “Tajani Decree” (Decree‑Law No. 36/2025, published 28 March 2025) changed that position fundamentally by introducing a proximity requirement: applicants must now demonstrate that at least one parent or grandparent was born in Italy. When Parliament converted the decree into Law No. 74/2025 on 23 May 2025, it retained this generational ceiling and added transitional provisions for applicants who had already secured consular appointments or filed judicial proceedings before the decree entered into force.

The 2026 Budget Law built on these changes by amending article 4 of Law No. 91/1992, clarifying procedural competencies between consulates and municipal anagrafe offices and adjusting certain documentary requirements for the administrative recognition process. Industry observers expect the combined effect of these instruments to reduce new jure sanguinis applications by a significant margin, while channelling a substantial number of denied applicants toward litigation.

Legislative Timeline

Practical Effect on Eligibility Windows

The combined result of Law No. 74/2025 and the 2026 Budget Law is a two‑tier system. Applicants with a parent or grandparent born in Italy proceed through the standard riconoscimento cittadinanza process (consular or municipal). Applicants whose Italian‑born ancestor is a great‑grandparent or more remote are, in most cases, no longer eligible, unless they fall within a narrow set of transitional categories or the reacquisition window created by the conversion law. The Italy citizenship changes 2026 analysis on this site provides further background on the family‑law dimensions of these reforms.

Who Still Qualifies for Citizenship by Descent Italy in 2026, Eligibility Tests and Checklist

Determining whether you still qualify for jure sanguinis recognition requires a structured assessment against the revised text of Law No. 91/1992 (as amended). The eligibility analysis turns on three cumulative conditions, each of which must be provable with documentary evidence.

The Parent/Grandparent Test

Under the amended law, you must show that at least one parent or grandparent was born in Italy and held Italian citizenship exclusively at the time relevant to your claim (typically, the date of the next generation’s birth). “Exclusively” means the ancestor had not naturalised as a citizen of another country before the qualifying date, thereby breaking the chain of Italian nationality. The test is applied strictly: dual nationality acquired after the qualifying date does not break the chain, but voluntary naturalisation before it does.

To satisfy this requirement, applicants typically need:

• Birth certificate of the Italian‑born parent or grandparent, issued by the relevant Italian Comune.
• Certificate of non‑renunciation (certificato di non rinuncia) or proof that the ancestor did not naturalise abroad before the critical date.
• Naturalization search from the foreign country where the ancestor settled (e.g., a “Letter of No Finding” from USCIS in the United States or equivalent from other national archives).

For a broader explanation of how citizenship by descent works across jurisdictions, see the global overview published on this site.

Limited Exceptions and Transitional Cases

Law No. 74/2025 carved out transitional protections for certain categories of applicants who took concrete steps before the decree’s entry into force on 28 March 2025. The principal transitional categories are:

• Pre‑cutoff consular appointments. Applicants who had a confirmed consular appointment (booked through the Prenot@mi system) before 28 March 2025 may, in defined circumstances, proceed under the previous rules even if they rely on an ancestor beyond the grandparent generation.
• Pending judicial proceedings. Where a court action for recognition of citizenship had been filed before the decree entered into force, the transitional provisions of the conversion law protect the applicant’s right to have the claim assessed under the former criteria.
• Minor children. Specific rules apply to minors whose parents’ declaration was filed or pending within a specified window, the conversion law set a deadline (reported in ministerial circolari as 31 May 2026) for parents to submit this declaration on behalf of minor children.
• Reacquisition window. Individuals who lost Italian citizenship through naturalisation abroad may apply to reacquire it by declaration at their local consulate between 1 July 2025 and 31 December 2027, provided they meet the conditions set out in the conversion law.

Can great‑grandchildren still claim jure sanguinis? Under the tightened rules, the answer is generally no, unless one of the transitional exceptions listed above applies. Any applicant whose Italian‑born ancestor is more remote than a grandparent should seek immediate legal review to determine whether a surviving pathway exists.

Documentation, Authentication and Filing Routes, Municipal vs Consular

Whether you file at a consulate abroad or directly with a municipal anagrafe office in Italy, the documentary burden is substantial. The 2026 Budget Law amendments to article 4 of Law No. 91/1992 clarified several authentication requirements that had previously varied from consulate to consulate.

Full Document Checklist

The following documents are typically required for a citizenship by descent Italy application. Every foreign‑issued document must be apostilled (or legalised, for countries not party to the Hague Apostille Convention) and accompanied by an official Italian translation, itself certified or sworn before the competent authority.

• Birth certificates for each person in the direct line of descent, from the Italian‑born ancestor through to the applicant.
• Marriage certificates for each couple in the lineage.
• Death certificates for deceased ancestors in the chain, where applicable.
• Naturalization records or certificates of non‑naturalisation (e.g., USCIS “Letter of No Finding” for the United States; IRCC records for Canada; National Archives searches in Australia or Argentina).
• Italian birth certificate of the qualifying ancestor, obtained from the Comune of birth.
• Criminal record certificate of the applicant (required by some consulates).
• Proof of identity (valid passport or national identity document).

Verifying Italian‑Born Ancestor Citizenship Status

If the Italian Comune cannot locate the ancestor’s birth record, applicants may need to request searches from the Archivio di Stato (State Archives) of the relevant province. Where the ancestor’s citizenship status is ambiguous, for example, because of wartime border changes or colonial‑era nationality rules, the case may require archival research through AIRE (Anagrafe degli Italiani Residenti all’Estero) records or consular historical registers. These anomalous cases frequently become grounds for administrative denial, making them prime candidates for a citizenship administrative appeal.

Where to File in 2026, Process Differences and Operational Notes

Municipal (Anagrafe) Recognition Route

Applicants who are resident in Italy may file directly with the Ufficio Anagrafe of the Comune where they reside. The municipal route, riconoscimento cittadinanza through the local civil registry, has historically been faster than the consular route, in some cases completing within a few months rather than years. However, the 2026 Budget Law’s procedural clarifications have imposed additional documentation checks at the municipal level, and processing times vary considerably between municipalities.

Consular Route, Current Policies and Appointment Systems

For applicants residing outside Italy, the consular recognition process remains the primary pathway. Consulates use the Prenot@mi online portal to manage appointments. Following the entry into force of Decree‑Law No. 36/2025, many consulates temporarily suspended their jure sanguinis appointment calendars. Most have since resumed processing under the new rules, but appointment availability and wait times differ significantly by jurisdiction. Consulates in the United States (Los Angeles, New York, San Francisco, Chicago) and in Latin America continue to report multi‑year backlogs. Applicants with pre‑cutoff appointments should confirm their appointment status directly with the relevant consulate, as transitional treatment depends on the specific consulate’s implementation of the ministerial circolari.

Challenging Denials, Administrative Remedies, Ricorso Amministrativo and Practical Strategy

Where a consulate or municipal anagrafe refuses to recognise citizenship by descent Italy, the applicant is not without recourse. Italian administrative law provides a structured set of remedies, each with its own jurisdiction, deadlines and procedural requirements. Given the volume of denials expected under the tightened rules, a well‑prepared citizenship administrative appeal is likely to become the critical battleground for jure sanguinis applicants in 2026 and beyond.

Administrative Review vs Ricorso to the TAR, Jurisdiction, Deadlines and Costs

The first distinction is between informal administrative review and formal litigation. An applicant may request the issuing authority (consulate or Comune) to reconsider its decision, supplying additional documentation or correcting factual errors. This is a non‑contentious step and has no statutory deadline, but it rarely succeeds where the denial is based on interpretation of the new generational ceiling rather than a documentary deficiency.

Where administrative review fails or is inappropriate, the applicant may file a ricorso amministrativo cittadinanza before the Tribunale Amministrativo Regionale (TAR). The standard deadline for filing a ricorso against an administrative act is 60 days from notification of the denial. For some categories of claim, particularly those involving rights of status (which citizenship claims arguably engage), the ordinary civil courts may also have jurisdiction, with a longer limitation period. Determining the correct forum is critical: filing in the wrong court wastes time and may forfeit rights.

Costs for a TAR ricorso typically include the court contribution (contributo unificato), legal fees and translation/authentication costs for supporting documents. The court contribution for citizenship matters classified under “other administrative actions” is a fixed statutory amount, though applicants should verify the current figure at the time of filing.

Drafting the Ricorso, Main Grounds

Effective grounds for a ricorso in jure sanguinis cases generally fall into three categories:

• Misapplication of Law No. 91/1992 (as amended). Arguing that the authority incorrectly assessed the applicant’s eligibility, for example, by failing to apply transitional protections or misidentifying the qualifying ancestor’s generational position.
• Documentary misassessment. Contending that the authority rejected or ignored valid documentary evidence, applied incorrect authentication standards, or failed to request clarification before denying the application.
• Procedural defects. Challenging the denial on grounds that the authority failed to comply with procedural requirements, such as the obligation to state reasons (obbligo di motivazione) under Law No. 241/1990, or breach of the principio del contraddittorio (right to be heard).

Interim Relief (Sospensiva), When to Ask and How to Frame the Request

In urgent cases, applicants may request the TAR to grant a sospensiva, an interim suspension of the denial’s effects, pending the outcome of the full hearing. This is particularly relevant where the denial has immediate practical consequences: for example, preventing the applicant from obtaining or renewing an Italian passport, affecting residency status, or disrupting family unity. To succeed, the applicant must demonstrate both fumus boni iuris (an arguable case on the merits) and periculum in mora (a risk of irreparable harm from delay). The TAR typically schedules interim hearings within weeks of the filing, making prompt preparation essential.

Recent Case Law, Constitutional Court, TAR Decisions and Key Rulings in 2025–2026

Constitutional Court Judgment No. 63/2026

The Constitutional Court’s Judgment No. 63/2026 addressed head‑on the constitutional challenges raised against Decree‑Law No. 36/2025. The Court rejected the principal questions of constitutional legitimacy, holding that the legislature’s decision to impose a generational ceiling on jure sanguinis recognition falls within its margin of discretion in regulating access to citizenship. The ruling confirmed that the parent/grandparent requirement does not violate the constitutional principles of equality or family unity, provided that the transitional protections established by the conversion law are applied correctly.

The likely practical effect of this ruling is significant: applicants can no longer challenge the generational ceiling itself as unconstitutional. However, the judgment did not foreclose all avenues. The Court’s reasoning left open the possibility of individual assessments where the applicant can demonstrate that specific transitional protections were wrongly denied, or where the administrative authority failed to apply the law correctly in the applicant’s particular circumstances.

Practical Effects on Pending Cases and Appeals

For applicants with cases already pending before ordinary courts or the TAR at the time of the ruling, early indications suggest that arguments based solely on the unconstitutionality of the generational ceiling will no longer succeed. However, claims grounded in transitional protections, particularly where a pre‑cutoff consular appointment was booked or judicial proceedings were commenced before 28 March 2025, remain viable. TAR decisions in several jurisdictions have granted recognition where the applicant could prove that the consulate had confirmed an appointment before the decree’s entry into force, even if the appointment date itself fell after that date.

Practical Decision Flow, Should You Apply or Litigate?

Deciding between a fresh application and a legal challenge depends on the specific facts of each case. Two worked examples illustrate the typical analysis:

Example A, Grandparent born in Italy. Maria’s grandfather was born in Naples in 1935 and never naturalised abroad. Maria was born in Argentina in 1985. Under the revised rules, Maria satisfies the grandparent test. Her recommended path is to file a standard application, either at the Italian consulate in Buenos Aires or, if she establishes residency in Italy, at the local anagrafe. No litigation is required unless the application is denied on documentary grounds.

Example B, Great‑grandparent born in Italy, pre‑cutoff appointment. James’s great‑grandfather was born in Sicily in 1890. James booked a Prenot@mi appointment at the Italian consulate in New York in January 2025, before the Tajani Decree entered into force on 28 March 2025. His appointment date is in late 2026. Under the transitional rules, James may argue that his pre‑cutoff appointment entitles him to be assessed under the former criteria. If the consulate refuses, his recommended path is to prepare a ricorso amministrativo cittadinanza to the TAR, supported by evidence of the appointment booking date and the applicable transitional provisions.

In every case, the threshold question is whether the applicant’s qualifying ancestor meets the new generational test. Where they do, the application process, though document‑heavy, is straightforward. Where they do not, the analysis shifts to transitional protections and, potentially, litigation strategy.

Conclusion

The 2025–2026 reforms have fundamentally reshaped citizenship by descent Italy. Law No. 74/2025 and the 2026 Budget Law together impose a generational ceiling that ends the era of unlimited jure sanguinis claims, while Constitutional Court Judgment No. 63/2026 confirms the legislature’s authority to do so. For applicants who satisfy the parent/grandparent test, the path forward is administrative, assembling the right documents and filing through the correct channel. For those whose claims depend on more remote ancestors, the focus must shift to transitional protections and, where those protections have been wrongly denied, to targeted administrative or judicial challenge before the TAR. Deadlines are strict, documentation standards are high, and the legal landscape continues to evolve.

Applicants and their advisers should seek specialist guidance early and monitor official sources, the Gazzetta Ufficiale, consulate circolari and the Constitutional Court registry, for further developments. For access to an administrative lawyer experienced in Italian citizenship matters, consult the directory on this site.

Sources

1. Gazzetta Ufficiale della Repubblica Italiana
2. Normattiva, Law No. 91/1992 and amendments
3. Corte Costituzionale, Judgment registry
4. Consolato Generale d’Italia a Los Angeles, Citizenship by Descent
5. Aprigliano International Law Firm, Italian Citizenship by Descent After Ruling No. 63/2026
6. Boccadutri International Law Firm, Italian Citizenship Iure Sanguinis 2026: Rules and Limits