Transitional Measures and Practical Implications of the 2025 Citizenship Reform

(Article 6 of Law No. 74 of 23 May 2025)

The 2025 reform of Italian citizenship law introduced by Decree-Law No. 36 of 28 March 2025, later converted into Law No. 74 of 23 May 2025, not only redefined the scope of iure sanguinis transmission but also established transitional safeguards to protect families already involved in recognition proceedings. These measures were designed to prevent disruption for applicants caught between the old and new systems, ensuring legal continuity and fairness during the transition.

 

1. Safeguard for Pending Applications

All applications for recognition of citizenship by descent (iure sanguinis) that were submitted or officially scheduled before 27 March 2025 continue to be examined under the previous legal framework. This means that the two-generation limit introduced by Article 3-bis of Law No. 91/1992 does not apply to them.
Likewise, judicial proceedings filed before the Italian courts by the same date will proceed under the old rules, preserving applicants’ legitimate expectations and the rights of families who had already commenced their recognition process. The new restrictions therefore apply only to applications submitted on or after 28 March 2025.

 

2. Transitional Protection for Minor Children

The law also introduced a temporary window for minor children of Italian citizens recognised under the former rules.
Parents who obtained citizenship recognition under the old regime may still transmit it to their minor children by submitting a declaration of will by 31 May 2026. This declaration must be made at the competent authority — either the Consulate (if residing abroad) or the Municipality (if residing in Italy).
Once submitted, the declaration grants the child Italian citizenship by acquisition under the new framework. After the deadline, this simplified route will no longer be available, and minors who have not benefited from it will need to apply for citizenship through the ordinary procedures (such as residence-based naturalisation).
This provision was introduced to prevent inequitable situations in which parents recognised as Italian shortly before the reform could not transmit citizenship to their still-minor children.

 

3. Children Born Abroad After 25 May 2025

Under the new “tempered” ius sanguinis system, citizenship is no longer acquired automatically at birth for children born abroad to Italian citizens.
A formal declaration of will is now required. The Italian parent (father or mother) must expressly declare their intention to transmit Italian citizenship within one year of the child’s birth (or from the date of recognition or adoption).
The declaration must be lodged with the Italian Consulate if the family resides abroad or with the Municipality of residence if in Italy.
If the declaration is filed within the one-year deadline, the child automatically acquires Italian citizenship by operation of law. If no declaration is made, the child will not be considered Italian and will only be able to acquire citizenship later, for example through residence or facilitated naturalisation.

This change replaces the former automatic mechanism with a system that requires a conscious act of will by the Italian parent, strengthening the link between citizenship and intention.

 

4. Abolition of Automatic Recognition via A.I.R.E. Registration

Before the reform, consulates routinely transcribed the birth certificates of children born abroad to Italian parents and registered them with A.I.R.E. (the Registry of Italians Residing Abroad). This administrative act was commonly interpreted as implicit recognition of Italian citizenship.
With the 2025 reform, this automatic recognition has been abolished.
Registration in A.I.R.E. no longer implies the child’s possession of Italian citizenship. Consular offices may now record a child’s birth only if at least one of the statutory conditions established by Article 3-bis is satisfied — for example, where the parent or grandparent held exclusively Italian citizenship or had resided in Italy for two years before the child’s birth.
If these conditions are not met, the birth may still be registered for civil-record purposes, but without the legal effect of conferring citizenship.

This change ensures that administrative registration corresponds strictly to the new legal framework and prevents the creation of citizenship rights without a substantive link to Italy.

 

5. Broader Policy Rationale

The 2025 reform marks a decisive shift in philosophy: from an unlimited genealogical right to a model based on genuine proximity and effective belonging to the Italian nation.
The Government’s explanatory memorandum explicitly stated that the objective is to rebalance the principle of ius sanguinis with that of ius nexi — the right derived from an actual, living connection with Italy.

By confining automatic transmission to children and, in limited cases, grandchildren, the new Article 3-bis brings Italian law into alignment with the citizenship practices of other European countries. Across Europe, recognition beyond the second generation typically requires evidence of residence, language, or cultural integration.

The reform was also motivated by practical concerns. In recent decades, the number of citizenship recognitions iure sanguinis — especially among descendants of emigrants in Latin America — had increased exponentially, resulting in hundreds of thousands of new Italian citizens with little or no direct relationship with Italy. This phenomenon raised questions of administrative capacity, electoral participation abroad, and even national security, leading policymakers to reassert that Italian citizenship should be both a right and a responsibility grounded in belonging.

 

6. Facilitated Naturalisation for Descendants of Italians

The reform, while restrictive in terms of generational transmission, also introduced a new facilitated route for descendants who wish to reconnect with Italy.
According to Article 9(1)(a-bis) of Law No. 91/1992, as amended in 2025, a foreign national whose father or grandfather was an Italian citizen by birth may now apply for Italian citizenship after only two years of legal residence in Italy, rather than the previous three.
This simplified pathway offers an opportunity for individuals of Italian origin — even beyond the second generation — to re-establish a real and verifiable link with Italy through residence, integration, and contribution to the community.

 

7. The New Balance Between Ius Sanguinis and Ius Nexi

In conclusion, the 2025 reform redefines the very concept of Italian citizenship.
It preserves all rights already acquired and does not revoke any recognised status; instead, it clarifies the conditions under which citizenship can be transmitted in the future.
The new framework balances the traditional ius sanguinis — the right based on ancestry — with ius nexi — the right based on effective personal connection.

By doing so, Italy aligns its legal system with the evolving European understanding of citizenship as both a heritage and a bond of participation, ensuring that being Italian means not only descent, but genuine belonging to the civic, cultural, and territorial life of the Republic.