The Constitutional Court of Italy has upheld the validity of Decree-Law 36/2025, which restricted the recognition of citizenship. jure sanguinis to descendants of Italians born abroad. Ruling No. 63/2026, published in May, ended the immediate questioning of the constitutionality of the rule. But, according to legal experts, it also... It opened up space for new resources..
The lawyer for cassation Antonello Ciervo, professor of Constitutional Law at Unitelma Sapienza University, from Rome, published an analysis in the magazine Justice issue With a thesis that is of direct interest to descendants of Italians in Brazil: those who started the process of obtaining documents before March 27, 2025, but were unable to formalize the request in time, may still have legal arguments to claim recognition of citizenship.
What does the sentence say?
The decree established that only those who filed a request or had a scheduled appointment by 23:59 PM on March 27, 2025, could have their recognition reviewed under the previous rules. The Court considered this distinction reasonable and not unconstitutional.
The court acknowledged, however, that there is a loophole: the rule did not address the situation of those who had begun the recognition process but did not receive an appointment due to a failure on the part of the consulates themselves. In many countries, such as Brazil, the Italian consulates had accumulated waiting lists that had been building for years. And in some cases, they weren't even able to formally register their requests.
The lawyer's thesis
Ciervo argues that the concept of "activation" of the interested party, central to the Court's decision, cannot be limited to the administrative formalization of the request. According to him, activation should also be recognized for those who requested documents from the competent authorities or signed a contract with a company specializing in the process before the deadline.
“A 'attivazione' "The potential citizen's claim cannot coincide with the mere administrative formalization of the request," writes Ciervo, "but must be considered proven from the moment the interested party took action to request the necessary documentation."
The legal expert also points to a potential conflict between the decree and European Union law. He cites a decision by the Court of Justice of the EU (Grand Chamber, September 2023) which requires a reasonable timeframe and adequate communication before any restriction on the citizenship status of a Member State. According to Ciervo, this requirement was not met by Decree-Law 36/2025.
What changes in practice
For now, ruling no. 63/2026 maintains the restrictions of the decree in force. No new group was automatically included in the previous regime. However, the published analysis indicates that lower court judges may accept new appeals based on the grounds left open by the Court, including the possibility of referring a preliminary question to the Court of Justice of the EU.
Descendants of Italians who began preparing the process before March 2025, such as requesting certificates from Italian municipalities, collecting documents from Brazilian registry offices, or carrying out registration rectification procedures, but were unable to formalize the request in time, They should consult a specialized lawyer. to assess whether the specific situation fits within the arguments still under dispute.
Source: Antonello Ciervo, “Note a prima lettura sulla sentenza n. 63/2026 della Corte costituzionale”, Questione Giustizia, May 30, 2026. The positions expressed are those of the author of the original article. Cited judicial decisions refer to specific cases and do not constitute binding case law.
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