Monthly update on June 2026: Constitutional Court Reviews Citizenship Law, New Worker Quotas Set for 2026-2028

Constitutional Court Reviews Controversial Citizenship by Descent Law

The most significant development in June was the Constitutional Court's public hearing on June 9, 2026, to review the constitutionality of new, restrictive rules on Italian citizenship by descent (*iure sanguinis*). The hearing addressed challenges to Article 3-bis of Law No. 91/1992, introduced by the so-called 'Tajani reform' (Law 74/2025), which drastically limits the ability of descendants to claim citizenship.

The core legal question is whether the state can retroactively apply these new restrictions to individuals who, under the previous legal framework, were considered Italian citizens from birth. Lawyers argued that the reform transforms an absolute right into a hypothetical one and fails to account for consular delays that prevented timely applications under the old rules. The State Attorney's Office defended the law's constitutionality.

The Court has reserved its decision, which is highly anticipated by millions of Italian descendants worldwide, particularly in Brazil, Argentina, and the United States. A final ruling is expected to be published between mid-July and September 2026. The outcome will determine the future of tens of thousands of pending citizenship applications.

Italy Announces Three-Year Foreign Worker Quotas (Decreto Flussi 2026-2028)

The Italian government has published its three-year plan for non-EU worker admissions, known as the 'Decreto Flussi', covering the period from 2026 to 2028. The decree sets a total quota of 497,550 entries over the three years, an increase from the previous period. For 2026, the quota is set at 164,850 workers, rising to 165,850 in 2027 and 166,850 in 2028.

The quotas are divided between seasonal and non-seasonal work. For 2026, 88,000 permits are allocated for seasonal work in agriculture and tourism, while 76,850 are for non-seasonal subordinate work and self-employment. The application process will continue to use the 'click-day' system, with specific dates set for different sectors starting in January of each year. The decree gives preferential treatment to citizens from countries with cooperation agreements with Italy.

In a related development, the Lazio Administrative Court ruled that an employer's income capacity for sponsoring a worker under the Decreto Flussi must be evaluated prospectively, considering factors like turnover and employee numbers, rather than relying solely on a static financial snapshot. This provides more flexibility for growing businesses seeking to hire foreign talent.

Investor Visa Program Becomes World's Fastest, Offers Clear Path to Citizenship

Italy's Investor Visa program has been recognized as the fastest residency-by-investment program tracked globally, according to a Q1 2026 survey. The average processing time has fallen significantly from 3.5 months to just 2.3 months. This speed, combined with a pre-approval model, enhances the program's appeal for high-net-worth individuals.

The program's key feature is the 'Nulla Osta' (certificate of no impediment), which is granted by an inter-ministerial committee before any investment is made. This de-risks the process, as capital is not committed until the applicant's eligibility is confirmed. Investment options range from a €250,000 contribution to an innovative startup—the lowest threshold—to €500,000 in an Italian company or €2,000,000 in government bonds.

The visa grants an initial two-year residence permit, renewable for an additional three years, provided the investment is maintained. After five years of legal residence, holders can apply for a permanent EU residence permit. After ten years of continuous residency, they become eligible to apply for Italian citizenship. The program also allows for the inclusion of family members.

Court Clarifies Healthcare Rights for Elective Residency Permit Holders

On June 5, 2026, the Italian Constitutional Court issued Sentence 97/2026, a ruling that clarifies healthcare access for foreign nationals holding an elective residence permit (*permesso di soggiorno per residenza elettiva*). This permit is designed for financially self-sufficient individuals who do not intend to work in Italy.

The case examined the legality of denying these residents mandatory and free registration with Italy's National Health Service (SSN). The court's decision addresses the principle of equal treatment between Italian citizens and legally residing foreigners, clarifying the extent of healthcare rights for this specific category of non-working residents. The ruling is a key clarification for many expatriates who choose Italy for retirement or as a second home.