11 March 2026 Constitutional Court Hearing: What Is Being Discussed About Article 3-bis and Why It Matters for Italian Descendants

On 11 March 2026 the Italian Constitutional Court will hold a public hearing on the constitutional legitimacy of Article 3-bis of Law 91/1992, introduced by Decree Law 36/2025 and converted into Law 74/2025, often called the Decreto Tajani on citizenship.

For millions of people of Italian descent worldwide, including many U.S. citizens, this hearing could shape the future of citizenship by descent (iure sanguinis) and decide whether current limits remain, are softened, or are struck down.

This article explains:

What Article 3-bis says today
Why it is being challenged
What the Court will examine on 11 March 2026
Why the outcome matters for Italian descendants, especially in the United States

Background: What Article 3-bis Actually Says

In 2025 Italy reformed its citizenship law through Decree Law 36/2025, later converted into Law 74/2025, which amended Law 91/1992 and introduced the new Article 3-bis.

Article 3-bis radically changes the rules for people born abroad with another citizenship who claim Italian citizenship by descent:

As a general rule, anyone born abroad who holds another citizenship is considered never to have acquired Italian citizenship, even if they have an Italian ancestor,
Unless they fall into one of a limited number of exceptions.

Among the key exceptions are:

Having filed a complete citizenship application with the consulate or municipality no later than 27 March 2025,
Having filed a court action for recognition of citizenship no later than 27 March 2025,
Having a parent or grandparent who was exclusively Italian citizen at the time of birth or death,
Having a parent who lived in Italy for at least two consecutive years after becoming Italian and before the child’s birth or adoption.

In practice, Article 3-bis closes the door to many descendants who had not yet applied by March 2025 or whose Italian ancestor had naturalized in another country before the birth of the next generation.

Why Article 3-bis Is Controversial

Several courts, including the Tribunal of Turin, have raised serious constitutional questions about Article 3-bis and sent the matter to the Constitutional Court.

The main criticisms are:

Retroactive effect people who were long considered Italian by descent could be reclassified as if they had never been citizens at all.
Discrimination between similar descendants those who managed to file by 27 March 2025 keep their path open, while others with the same family history are excluded only because they applied later.
Violation of legitimate expectations for decades Italian law and case law encouraged descendants to rely on the iure sanguinis model with no generational limit.
Possible conflict with EU law and human rights law, since losing or being denied Italian citizenship can also mean losing or denying access to EU citizenship.

Associations of Italian descendants in Latin America and Europe have called Article 3-bis a measure that arbitrarily cuts off rights that were already recognized or in the process of being recognized.

What The Constitutional Court Will Examine On 11 March 2026

According to the Court’s official notice and legal commentary, the hearing on 11 March 2026 will focus on the constitutionality of the 2025 reform of citizenship, in particular:

Whether Article 3-bis can retroactively limit citizenship rights of people born abroad with Italian ancestors,
Whether the cut off date of 27 March 2025 and the very short transitional regime respect the principles of equality and reasonableness,
Whether the reform violates international obligations and EU treaties by depriving people of citizenship and, indirectly, of EU citizenship,
How to balance state interests in controlling citizenship with the protection of family and identity ties for descendants.

Legal analysts expect a decision a few weeks or months after the hearing, possibly by April 2026, but the exact date is not yet fixed.

Key Issues Under Review

1. Retroactive Limits On Iure Sanguinis

For decades, Italian citizenship by descent was interpreted as having no generational limit, as long as the chain of citizenship was unbroken.

Article 3-bis changes this approach by stating that many people born abroad are to be considered as having never acquired citizenship unless they meet one of the new conditions.

The Court will have to decide whether such a retroactive reclassification is compatible with:

The constitutional protection of personal status and identity,
The principle that laws should not arbitrarily remove rights that individuals reasonably believed they had.

2. The March 27, 2025 Cut Off And Lack Of Transitional Rules

The Tribunal of Turin has criticized the reform for setting a strict deadline of 27 March 2025 for filing applications or court actions, without providing a reasonable transition period for descendants who had not yet prepared their documents.

The Constitutional Court will assess whether this creates an unjustified disparity of treatment between:

People who filed before that date, and
People with identical family histories who simply had not yet started the process.

3. Impact On EU Citizenship And International Obligations

The referring courts argue that limiting or revoking access to Italian citizenship also affects EU citizenship, which is derived from nationality of a member state. They claim that Article 3-bis might conflict with:

Provisions of EU treaties on citizenship and free movement,
International norms that prohibit arbitrary deprivation of citizenship.

The Constitutional Court will examine whether Italy can impose such restrictions without breaching these higher level obligations.

Why This Matters For Italian Descendants In The United States

For U.S. based descendants, the outcome of the 11 March 2026 hearing is crucial because it will clarify who still has a viable path to Italian citizenship by descent.

If You Filed Before 27 March 2025

Article 3-bis currently protects those who:

Filed a complete application with a consulate or municipality by 27 March 2025, or
Filed a judicial case by that date.

These cases should continue under the old rules. However, many applicants are concerned about delays and inconsistent interpretations while waiting for the Constitutional Court’s decision.

If You Have Not Applied Yet

Under the current text, descendants who did not file before 27 March 2025 and who do not fall under other exceptions (like an exclusively Italian parent or a parent who lived in Italy for two years before birth) may find their eligibility severely limited.

The Constitutional Court could:

Confirm the current limits,
Strike down parts of Article 3-bis, reopening paths for some descendants,
Interpret the law in a softer way, for example by requiring a more generous transitional period.

Until the ruling is issued, uncertainty remains.

Possible Scenarios After The Ruling

Legal scholars have outlined a few realistic scenarios, while stressing that the final decision belongs only to the Court:

Full confirmation of Article 3-bis
The Court declares the reform constitutional. The current limits and cut off dates remain, and many descendants who did not apply in time will have no administrative or judicial path under the old rules.
Partial invalidation or reinterpretation
The Court upholds some parts but strikes down others, for example the strict cut off date or aspects of the retroactivity. In this case Parliament might need to adopt new transitional rules.
Substantial rejection of the reform
The Court could find Article 3-bis incompatible with the Constitution, which would force the legislator to design a new framework for citizenship by descent and might reopen applications for many descendants.

Applicants should be aware that even in the more favorable scenarios, additional legislation or administrative guidance will probably be needed before procedures become stable again.

What U.S. Applicants Can Do While Waiting

While waiting for the 11 March 2026 hearing and the subsequent ruling, Italian descendants in the United States can:

Collect and organize documents such as birth, marriage, and naturalization records, so they are ready for any future window of opportunity.
Monitor their existing cases with consulates or courts to understand whether proceedings are suspended or moving forward.
Seek legal advice from professionals who follow the Constitutional Court case and can interpret how each new development affects individual situations.

Acting early is essential. If the Court reopens or adjusts eligibility, those who already have their documentation in order will be in the best position to move quickly.

How THE CTZN Can Help

At THE CTZN we closely monitor the evolution of Article 3-bis and the Constitutional Court proceedings. Our team assists Italian descendants, especially in North and South America, with:

Assessing how Article 3-bis currently applies to their family history,
Verifying whether they fall under any of the exceptions already recognized by the law,
Preparing documentation so they are ready for future administrative or judicial options,
Coordinating with Italian lawyers for court based strategies when appropriate.

Our goal is to turn a moment of uncertainty into a clear roadmap that adapts to whatever the Constitutional Court decides in 2026.

Looking Ahead To 11 March 2026

The hearing on 11 March 2026 will be a turning point for Italian citizenship by descent.

For some, it may confirm that the window created by the 2025 reform has closed. For others, it may reopen opportunities that seemed lost. For everyone with Italian roots, it is a moment to pay close attention and to prepare.

👉 If you have Italian ancestry and want to understand how the Constitutional Court hearing could affect your case, contact THE CTZN for a personalized assessmentItalian Citizenship Free Eligibility Check and strategic plan.