📜 Italian Citizenship: Is Your Ancestry Enough? A Constitutional Challenge Ahead

Table of Contents

• What Does Jure Sanguinis Mean?

  • The Constitutionality of Jure Sanguinis: A Landmar …

  • Concerns Regarding Unlimited Jure Sanguinis

    • Impact on the European Union

• What Are the Proposed Solutions?

• What Happens Next?

What Does Jure Sanguinis Mean?

If you are reading this, chances are you are considering reconnecting with your Italian roots. This is because Italian citizenship is mainly based on ancestry, not birthplace.

Under this principle, also known by the Latin expression “jure sanguinis” (right of blood), citizenship is determined by a parent’s nationality, regardless of where their child is born.

Unlike many nations, Italy has no generational limits on jure sanguinis.

Consequently, if you have an Italian ancestor, you may be eligible for Italian citizenship, regardless of your birth location or how distant your ancestor is in your family tree.

In fact, even if your Italian ancestor emigrated a century ago, you might still be eligible for Italian citizenship recognition, and even if you do not speak Italian or have never visited Italy.

Of course, as the modern Italian state was formed in 1861, and so before that year there were no Italians, ancestry predating this year would not qualify you.

The principle of jure sanguinis has roots in Roman law, and since then, even with the formation of the modern Italian state and its civil code of 1865, it has remained largely unchanged (with some difference regarding female lineage).

The Constitutionality of Jure Sanguinis: A Landmark Case

Italy's unrestricted application of jure sanguinis is now under review by the Italian Constitutional Court.

This review stems from a recent decision by the Court of Bologna, which questioned the constitutionality of this principle.

The main point is that there are generations of descendants living entirely outside of Italy, with no real connection to Italian culture, language, or traditions.

Therefore, the Court of Bologna is challenging whether recognising Italian citizenship based solely on a very distant Italian ancestor aligns with the fundamental principles of the Italian Constitution.

This specific case involves twelve Brazilian citizens who requested the Court of Bologna to be recognised as Italian citizens based on the jure sanguinis principle.

Their Italian ancestor was born in 1874 in Marzabotto (Bologna), Italy, emigrated to Brazil at a young age, and lived her entire life there until her death in 1976.

Her descendants, the plaintiffs, have no significant connection to Italy beyond her.

Is a distant blood connection alone sufficient for citizenship, even without any other ties to Italy?

This is what the judge of the case, Dott. Marco Gattuso, questions. For this reason, he suspended the proceeding and referred the question of the constitutionality of the Italian citizenship law (article 1, Law n. 91/1992) to the Constitutional Court.

The Constitutional Court's response will be crucial in determining the future of Italian citizenship through jure sanguinis.

Concerns Regarding Unlimited Jure Sanguinis

Judge Gattuso noted that Italy is one of the few countries in the world that recognises jure sanguinis without any generational limits.

He also highlighted that Italy is second only to China in terms of its population that has historically emigrated worldwide.

However, when considering the number of emigrants relative to the country's population, which in Italy is significantly less than in China, Italy stands out as a unique case in the world.

Therefore, he argued that this open-ended approach could create a situation where millions of descendants of Italians around the world (potentially more than the current population in Italy), could claim Italian citizenship despite having only a distant ancestral connection to the country.

This raises fundamental questions about the definition of "people" and "citizenship" as understood by the Italian Constitution.

Furthermore, the judge says this could undermine the democratic process, as a substantial number of individuals lacking genuine ties to Italy could influence political representation.

The judge mentioned that Italy's unlimited jure sanguinis principle also contradicts the international legal principle that requires a genuine link between an individual and the state granting citizenship.

In particular, Dott. Gattuso expressed "serious doubts" about the constitutionality of Article 1 of Law 91/1992 in the part in which it states that “A person is a citizen by birth: a) the child of a citizen father or mother” without placing any limit.

This, observed the judge, is in contrast to the articles 1, 3 and 117 of the Italian Constitution.

Impact on the European Union

As Italy is an EU member state, recognising Italian citizenship automatically grants EU citizenship, with its associated rights, including freedom of movement and residence within the EU.

Therefore, Judge Gattuso also expressed concerns that recognising citizenship to a vast number of individuals with no genuine link to Italy, and therefore the EU, could disproportionately impact the Union too.

What Are the Proposed Solutions?

While acknowledging the need for flexibility in citizenship laws, the judge suggested potential limitations to the principle of jure sanguinis.

Specifically, he proposed considering time limits or generational limits, or a period of residence in Italy.

What Happens Next?

The Constitutional Court will hear the case on 24 June 2025.

If you are considering applying for Italian citizenship through jure sanguinis, this legal challenge is something you need to be aware of, as the Constitutional Court's decision could significantly impact your eligibility.

The Court could declare that there is or there is not a constitutional conflict, or offer a more nuanced response. At this stage we do not know.

For now, all we can do is wait for the hearing.

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