Court of Cassation: Italian Citizenship Is Imprescriptible

The Corte di Cassazione has once again ruled on the legal nature of Italian citizenship transmitted by descent, reaffirming a principle dear to millions of descendants of Italians around the world: iure sanguinis is an imprescriptible right. The decision comes at a delicate moment, as the topic of Italian citizenship faces strong legal instability in the European country, with the Decreto Tajani (DL 36/2025, converted into Law 74/2025) having imposed new restrictions on the transmission of the right through the administrative and consular pathway.

What the Court of Cassation ruled on citizenship by descent

In recent rulings, the Corte di Cassazione — Italy's highest judicial authority in civil matters — reaffirmed the understanding that citizenship transmitted by descent constitutes a permanent subjective right, one that is not extinguished by the mere passage of time. This means that the fact that generations have passed without a descendant seeking formal recognition does not cause this right to cease to exist.

However, it's important to separate two concepts that often cause confusion among those researching the topic: the imprescriptibility of the right itself and the procedural deadlines that govern the recognition process. Citizenship as a legal status does not expire — but that does not mean there are no procedural rules, documentation requirements, and now also legislative restrictions that affect how this right can be exercised and recognized.

For descendants of Italians in Brazil, the Cassation's decision reinforces the idea that Italian ancestry, once proven, remains legally relevant — even though the path to obtaining this recognition has narrowed in recent months.

Understanding the concept of an imprescriptible right in Italian citizenship

From a technical standpoint, saying that Italian citizenship is imprescriptible means there is no expiration date for a descendant to claim the bond transmitted by their ancestors. Unlike other civil rights, which can be extinguished if not exercised within a set period, citizenship status by descent follows the family lineage indefinitely, as long as the chain of transmission has not been interrupted by a specific legal event — such as the so-called "minor issue," provided for in Article 12, §2, of Law 555/1912, which addressed the automatic loss of citizenship by minor children when the father naturalized in another country.

The distinction between statute of limitations on the action and extinction of the right is central to understanding the scope of the Cassation's decision. A lawsuit may be subject to procedural deadlines, jurisdictional issues, or documentation requirements — but that is different from saying that the substantive right has ceased to exist. By reaffirming imprescriptibility, the Court is saying that the citizenship bond itself does not disappear over time, even though the procedural path to recognizing it may change.

Court of Cassation and Constitutional Court: distinct bodies, distinct roles

It's important to remember that the Corte di Cassazione and the Corte Costituzionale are different bodies with distinct functions within the Italian legal system: while the Cassation standardizes the interpretation of the law in civil matters, it is up to the Corte Costituzionale to assess the constitutionality of laws. To date, there is no definitive, consolidated decision from the Corte Costituzionale on the constitutionality of the Decreto Tajani and its restrictions — the issue continues to be debated, and any claim of a settled position by the Corte Costituzionale should be treated with caution.

What is already clearer is the Cassation's position regarding the permanent nature of the right to citizenship by descent. The question of the retroactivity of the Decreto Tajani, in turn, is distinct: the decree does not merely change rules for future proceedings, but declares that anyone born outside Italy who is not the child or grandchild of an Italian would never have been an Italian citizen — thus affecting the substantive right itself from the moment of the person's birth, and not just the processing of pending cases.

This is precisely the point being analyzed by the Sezioni Unite of the Corte di Cassazione, whose decision will carry binding force for all Italian judges. The underlying question is whether a new law can retroactively extinguish a right that the descendant has held since birth, under the principle of iure sanguinis.

Practical impacts for descendants of Italians in Brazil

For those who already filed a recognition request — whether at a consulate or in Italian courts — before the Decreto Tajani took effect, the text of the law itself provides protection for these proceedings, which must follow the rules in force at the time of filing. This is different from the debate over the retroactivity of the substantive right, which concerns the very existence of the citizenship bond since the applicant's birth, not merely the processing of already-initiated cases.

In practice, this means that descendants who have not yet filed any application need to pay extra attention. The consular pathway is now restricted to children and grandchildren of Italians — great-grandchildren and later generations can no longer seek recognition this way, under the changes brought by the decree. The judicial pathway still exists as an alternative, but it is also subject to the new restrictions imposed by the legislation.

Given this scenario of regulatory instability, it is essential to find out how the Italian citizenship process works before making any decision, carefully assessing which pathway applies to your specific case.

Administrative pathway vs. judicial pathway: which to choose in this scenario

The choice between the administrative (consular) pathway and the judicial pathway depends directly on the degree of kinship with the Italian ancestor and the family's documentation situation. Since the consular pathway now only serves children and grandchildren of Italians, descendants from more distant generations must necessarily turn to the Italian courts to seek recognition.

The judicial pathway, although more complex, still allows descendants of great-grandparents and earlier generations to access citizenship recognition, provided the line of transmission is well documented and there are no interruptions in the chain — such as the aforementioned "minor issue." Learn more about the judicial pathway for Italian citizenship to better understand the steps of this process.

Given the current legal instability, with the matter still pending a ruling from the Sezioni Unite regarding the retroactivity of the substantive right, extra caution is recommended when planning timelines and strategies. Seeking specialized guidance before starting any process can help avoid rework and frustration — especially given a legislative landscape that may continue to change.

What to expect from the next legislative and judicial steps in Italy

The Italian Parliament has already shown, through the conversion of the Decreto Tajani into Law 74/2025, a willingness to restrict the transmission of citizenship by descent. There is no indication that this trend will be reversed in the short term. What remains to be seen is how the Sezioni Unite of the Cassazione will rule on the retroactivity of the substantive right — a decision that will be binding on all Italian judges and will mark an important milestone for anyone still seeking recognition.

Until then, it is advisable to closely follow the News from Italy and the evolution of case law before starting any procedure, especially for those who fall within the generations affected by the new restrictions.

For those who already live in or plan to move to Italy after obtaining recognition, it's also worth following content about Life in Italy, which helps provide a better understanding of the context beyond the bureaucracy.

How Raízes Italianas can help you through this process

Given such a dynamic legal landscape, having up-to-date information and a careful analysis of your family lineage makes all the difference. Raízes Italianas closely follows the rulings of the Cassation, the Constitutional Court, and the legislative changes affecting the right to Italian citizenship, providing responsible journalistic coverage of every new development.

For those who want to better understand their specific situation, see how we analyze your Italian lineage and learn about our specialized advisory services, which take into account the particularities of each case in light of current legislation. You can also turn to certificate search services in Italy, an essential step for anyone looking to gather the necessary documentation before filing any application.

The Cassation's decision reinforces that the bond with Italian ancestry does not disappear over time — but turning that bond into formal recognition now requires, more than ever, careful planning and close monitoring of case law.

Want to know if you're entitled to Italian citizenship? Talk to a specialized advisory team.