Article 3-bis Under Review: Why the March 11, 2026 Hearing Matters and How to Move Forward Now

In 2025 Italy approved Decree Law 36/2025, later converted into Law 74/2025, which amended Law 91/1992 on citizenship and created the new Article 3-bis.

For millions of Italian descendants worldwide, including many U.S. citizens, Article 3-bis has already changed the rules for citizenship by descent (iure sanguinis) and for those born abroad with another citizenship.

On 11 March 2026, the Italian Constitutional Court will hold a public hearing to examine the constitutionality of this reform.

This article explains:

What Article 3-bis does in practice
Why it is under constitutional review
What the Court will focus on on 11 March 2026
How different groups of applicants can move forward now

What Article 3-bis Actually Does

Article 3-bis was inserted into Law 91/1992 by Decree Law 36/2025 and confirmed by Law 74/2025.

In short, it introduces a preclusion for many people born abroad who have another citizenship:

A person who is born abroad and holds another citizenship is considered never to have acquired Italian citizenship,
Unless they fall within specific exceptions listed in the article.

According to the official guidance of the Italian Embassy in Washington, the reform also introduces two key limits for iure sanguinis:

A generational limit

The reconstruction of citizenship by descent normally stops at grandparents (second degree ascendants).

A citizenship exclusivity requirement

The ancestor from whom citizenship is derived must have been exclusively Italian (and not a dual citizen) at the time of death.

Article 3-bis then lists a series of exceptions. Among the most important:

Applications filed with a consulate or municipality by 27 March 2025 with complete documentation
Court cases filed by 27 March 2025
Cases where a parent or grandparent was only Italian citizen
Cases where a parent lived legally in Italy for two consecutive years after becoming Italian and before the child’s birth or adoption

For many Italian descendants who had not yet started their process by March 2025, these rules significantly restrict access to recognition.

Why Article 3-bis Is Under Constitutional Review

Several courts, including the Tribunal of Turin, have questioned the compatibility of Article 3-bis with the Italian Constitution and referred the matter to the Constitutional Court.

The main concerns highlighted in legal commentary and in the referral order include:

Retroactive impact
Article 3-bis applies also to people born abroad before the reform, potentially treating them as if they had never acquired Italian citizenship, unless they meet the new conditions.
Short transitional period and strict cut off date
The deadline of 27 March 2025 for filing applications or lawsuits is considered extremely tight for a global diaspora that often needs months to gather documents.
Unequal treatment of similar descendants
People with identical family histories are treated differently based only on whether they were able to file before the deadline, which raises doubts about equality and reasonableness.
Possible interference with EU citizenship and international norms
Restricting access to Italian nationality also affects access to EU citizenship, and the reform has been criticized as potentially conflicting with principles that prohibit arbitrary deprivation of nationality.

Because of these issues, the Constitutional Court has scheduled a public hearing on 11 March 2026 to review the legitimacy of Article 3-bis and the wider reform.

What The Constitutional Court Will Examine On 11 March 2026

Based on the official notice and legal analyses, the Court is expected to focus on several key questions:

Can the law retroactively deny or reframe citizenship status for people born abroad with Italian ancestry who previously met the old requirements?
Is the deadline of 27 March 2025, and the way it was implemented, compatible with constitutional principles of equality and legitimate expectations?
Do the new limits and exclusions conflict with constitutional protections of personal identity, family ties, and Italy’s obligations under EU and international law?
To what extent can the law restrict automatic iure sanguinis acquisition, which has been the cornerstone of Italian citizenship law since 1992?

The Court’s decision is expected sometime after the hearing, and many commentators anticipate a ruling by spring 2026, although no exact date is guaranteed.

How To Move Forward Now: Different Situations

While Article 3-bis is under review, Italian descendants and their families should not simply wait passively. The right strategy depends a lot on your current position.

1. If You Filed Before 27 March 2025

Article 3-bis expressly protects those who:

Submitted a complete application to an Italian consulate or municipality by 27 March 2025, or
Filed a court action by the same date.

In practice, you should:

Monitor the status of your case with the consulate, municipality, or court
Keep your contact information updated
Respond quickly to any requests for additional documents

Some administrative or judicial cases may be slowed while authorities wait for the Constitutional Court’s decision, but your position is generally stronger than that of those who never filed.

2. If Your Case Is Pending In Court

If you already have a lawsuit in progress, your lawyer may request:

A stay of proceedings until the Constitutional Court decision, or
A strategy that uses the pending constitutional review to strengthen your arguments.

It is important to stay in close contact with your legal team so that your case can react quickly once the Court issues its ruling.

3. If Your Application Was Rejected Under The New Rules

If you received a rejection that explicitly relies on Article 3-bis, you should:

Carefully review the written decision and the reasons cited
Ask a specialist to evaluate whether an appeal or new court action is possible
Consider whether the constitutional doubts raised by the Tribunal of Turin could support a challenge in your situation

Deadlines for appeals can be short. Do not wait until after March 2026 without at least obtaining legal advice.

4. If You Have Not Yet Applied

Under the current text of Article 3-bis, descendants who did not apply by 27 March 2025 and who do not meet any of the special conditions (such as having a parent or grandparent who was exclusively Italian or a parent with two years of residence in Italy before birth) may find their administrative path effectively closed.

In this situation, you can still act by:

Gathering and organizing your family documents now, including Italian and foreign certificates, so that you are ready if the Court softens or annuls parts of Article 3-bis
Exploring alternative routes, such as residency based or marriage based citizenship, where appropriate
Following developments from trustworthy legal sources rather than online rumors

If the Constitutional Court modifies or limits Article 3-bis, those who already have documentation ready will be in a much stronger position to move quickly.

Practical Checklist While Article 3-bis Is Under Review

Regardless of your situation, some steps are useful for almost everyone:

Build a clear family tree with dates and places of birth, marriage, and death
Obtain official records (not just online family trees) and verify spellings and dates
Check whether any ancestor was a dual citizen and when any foreign naturalization took place
Keep copies of all communications with consulates, municipalities, or courts
Stay informed through official sites, such as Normattiva, Gazzetta Ufficiale, the Constitutional Court, and Italian embassies and consulates

How THE CTZN Can Support You Now

At THE CTZN, we follow developments on Article 3-bis and the March 11, 2026 hearing day by day.

Our team can help you to:

Understand how Article 3-bis applies to your specific family history
Check whether you fall under any of the exceptions already provided by law
Prepare your documentation in advance, even if you cannot yet apply
Coordinate with Italian lawyers when a court based strategy is appropriate

The objective is to transform an uncertain legal context into a clear, personalized action plan that can adapt quickly once the Constitutional Court has spoken.

Looking Ahead To March 11, 2026

The Constitutional Court hearing on 11 March 2026 will not be a technical detail. It will be a decisive moment for the future of Italian citizenship by descent and for many families in the United States and worldwide.

Whether the Court confirms Article 3-bis, modifies it, or limits its effects, those who are informed and prepared will be best positioned to defend their rights.

👉 If you have Italian ancestry and want to understand how the Article 3-bis review and the March 11, 2026 hearing affect your options, contact THE CTZN for a tailored assessment and strategy.