In an unprecedented move, the Italian Government has enacted a sweeping reform of the legal framework governing the recognition of Italian citizenship by descent (Jure Sanguinis). The Italian Council of Ministers, upon proposal of the Ministry of Foreign Affairs and International Cooperation Antonio Tajani, has approved a Decree Law this morning, now in force, marking a historic shift in how Italy defines and administers its citizenship for descendants of emigrants.
The reform—presented as part of the so-called “Citizenship Package”—is intended to curb decades of exponential growth in citizenship claims from abroad, restore the integrity of the Italian nationality system, and bring Italy’s approach more closely in line with that of its European partners. Foreign Minister Antonio Tajani emphasised: “The principle of ius sanguinis remains, and many descendants of Italian emigrants will still be able to obtain citizenship. However, clear and strict limits must now be introduced. Citizenship must be treated as a serious institution—not as a commodity.”
The Decree in question, titled “Urgent Provisions on Citizenship”, was presented by Prime Minister Giorgia Meloni, together with Foreign Minister Antonio Tajani and Interior Minister Matteo Piantedosi. It contains immediate measures that reflect the content of the broader draft law on citizenship, also approved by the Cabinet. Among these is a significant restriction to the automatic transmission of Italian citizenship iure sanguinis. While the principle of descent remains, the law now requires a real and demonstrable connection with Italy for descendants born abroad. This is intended not only to reflect a more meaningful link with the Italian State, but also to align Italy with the nationality systems of other EU Member States, ensuring that the right to free movement within the Union is exercised only by individuals who maintain a substantial bond with their country of origin.
Under the new rules, citizenship by descent will be recognised automatically only up to the second generation. This means that only individuals with at least one parent or grandparent born in Italy will be considered citizens from birth. Furthermore, a child born abroad will only acquire citizenship automatically if one of their Italian parents resided in Italy for at least two consecutive years prior to the birth, or if the child is born in Italy.
These limitations will apply only to individuals holding another nationality, in order to avoid statelessness. The reform also applies regardless of the applicant’s date of birth, unless the person has already been recognised as an Italian citizen by a court, a municipal authority, or a consulate. Importantly, applications already submitted and fully documented by 23:59 (Rome time) on 27 March 2025 will continue to be examined under the previous legal framework.
The End of Unlimited Lineage Recognition
The key measure introduced with immediate effect is the limitation of automatic citizenship recognition to two generations only. From today, only individuals with a parent or grandparent born in Italy will be eligible for automatic citizenship by descent. This marks a decisive departure from the previous framework, under which individuals could claim Italian citizenship through a great-grandparent or even more distant ancestor, provided the line of descent remained uninterrupted and properly documented.
This limitation drastically reduces the pool of potential claimants, especially in countries with large Italian diaspora communities such as Argentina, Brazil, the United States, Canada, and Australia. It is estimated that under the previous regime, between 60 and 80 million people worldwide might have been eligible for Italian citizenship. The reform seeks to reassert the need for a genuine and present-day connection with Italy, rather than a mere genealogical link.
Transitional Safeguards and Exceptions: Who Remains Entitled to Italian Citizenship
The new decree-law does not revoke or challenge the status of those who have already been lawfully recognised as Italian citizens. Individuals who have previously obtained citizenship through a legitimate administrative or judicial process remain Italian, and their status is not affected by the reform.
Moreover, the decree introduces a clear cut-off point: those who submitted a complete application—either administratively through a consulate or municipality, or judicially before a competent court—by 23:59 (Rome time) on 27 March 2025, will still be assessed under the prior legal framework. This transitional safeguard ensures that applicants who acted in good faith and within the established time limits retain the opportunity to have their citizenship recognised, provided their claim meets the requirements in force before the reform came into effect.
The reform, therefore, does not operate retroactively in respect of recognised citizens or pending applications duly lodged before the deadline. However, it sets a sharp boundary for all future requests, introducing new conditions, limitations, and evidentiary standards that redefine eligibility going forward.
A Presumption of Non-Citizenship for Dual Nationals Born Abroad: The New Legal Principle and Its Exceptions
Article 3-bis of Decree-Law no. 36/2025 introduces a fundamental departure from the long-standing framework of Italian nationality law. It overrides key provisions contained in Law no. 91 of 1992, Law no. 123 of 1983, Law no. 555 of 1912, and even articles of the Civil Code of 1865, establishing a new general principle:
“Anyone born abroad, even prior to the entry into force of this article, and who holds another citizenship, shall be considered never to have acquired Italian citizenship—unless one of the following exceptions applies.”
This rule introduces a presumption of non-citizenship for individuals born outside Italy who possess another nationality, thereby reversing the previous assumption of automatic recognition by descent. The scope of iure sanguinis citizenship is thus radically restricted, particularly with respect to third-generation descendants.
However, the law does provide for five specific exceptions. If one of these applies, the individual may still be recognised as an Italian citizen under the new regime:
- a) Administrative application filed by 27 March 2025 The individual shall be deemed to have acquired Italian citizenship if their application was submitted to the competent consular or municipal authority no later than 23:59 (Rome time) on 27 March 2025, accompanied by the required supporting documents, and made in accordance with the legal framework in force on that date.
➤ This provision protects applicants who completed the full application process under the former regime before the deadline.
- b) Judicial claim filed by 27 March 2025 An individual shall still be considered an Italian citizen if their status is judicially recognised through proceedings initiated no later than 23:59 (Rome time) on 27 March 2025, provided the claim complies with the legislation in force at that time.
➤ This provision safeguards all judicial actions filed before the reform took effect, ensuring they will be examined under the previous rules, and not dismissed or reassessed in light of the new restrictions introduced by the decree-law.
More precisely, if the claim for citizenship recognition was validly submitted to the court within the stated deadline, and the relevant facts and documents are consistent with the legal criteria in force before 29 March 2025, the applicant retains the right to a full judicial examination under the previous framework.
Should the court determine—after analysing the documentation and genealogical line—that the applicant would have been entitled to citizenship under the law applicable prior to the reform, it may formally declare the applicant an Italian citizen, with effects ex tunc, i.e. retroactively. That means the applicant is legally considered to have always been a citizen, notwithstanding the changes introduced by the new decree-law.
This clause is of particular importance in light of the tens of thousands of lawsuits already pending before Italian courts concerning iure sanguinis citizenship. It guarantees legal continuity and procedural fairness for those who acted in good faith under the previous regime and prevents their rights from being undermined retroactively. However, judicial recognition remains contingent upon a proper evidentiary showing and strict compliance with procedural requirements.
- c) Italian parent or adoptive parent born in Italy Citizenship is still recognised for persons born abroad who hold another nationality if at least one of their parents or adoptive parents is an Italian citizen born on Italian territory.
➤ This reflects the newly introduced generational limit: citizenship will continue to be transmitted automatically only within the first two generations, where territorial birth in Italy is documented.
- d) Italian parent or adoptive parent resided in Italy for two consecutive years prior to the child’s birth or adoption Even if the parent was not born in Italy, citizenship may be transmitted if they resided in Italy for at least two consecutive years prior to the birth or adoption of the child.
➤ This clause preserves eligibility where there is a demonstrable, recent and physical link to the country.
- e) Grandparent of the applicant) born in Italy Finally, the individual shall be considered a citizen if an ascendant of the parent in the first degree (effectively the grandparent of the applicant) was an Italian citizen born in Italy.
➤ This exception ensures that citizenship remains accessible for second-generation descendants of Italians born on Italian soil.
Interpretation and Impact
Unless one of these five exceptions is satisfied, an individual born abroad who holds another citizenship is now presumed never to have acquired Italian citizenship, regardless of ancestry or documentation. This shift effectively eliminates recognition for most third-generation descendants and any line beyond that, unless specific, qualifying conditions are met.
In legal terms, the reform reverses the presumption that descent from an Italian ancestor necessarily confers citizenship. From now on, non-recognition is the default, and the burden is placed on the applicant to prove their qualification under one of the narrowly drawn exceptions.
This is a pivotal moment in Italian nationality law: a deliberate, structural restriction of ius sanguinis in favour of a model based on demonstrable ties, territorial origin, and proximity of descent. The consequences for prospective applicants around the world are immediate and far-reaching.
Administrative Overhaul: A New Central Authority
In addition to redefining eligibility criteria, the Decree Law introduces a complete administrative restructuring. From now on, citizenship applications will no longer be handled by Italian consulates abroad. Instead, a centralised office will be established within the Ministry of Foreign Affairs in Rome (Farnesina), with a transitional period of approximately one year to complete its operational set-up. During this time, all pending appointments, new bookings, and waiting list registrations for jure sanguinis applications at consular offices are suspended with immediate effect.
This centralisation aims to improve efficiency, eliminate procedural discrepancies among consulates, and relieve the chronic pressure placed on consular and judicial services by the surging demand for citizenship recognition. It also reinforces the view that the State retains full discretion in assessing the applicant’s current and effective relationship with the Republic.
The Decree Law no. 36/2025, now in force since 29 March, represents only the first stage of a broader and more comprehensive legislative initiative. The so-called “Citizenship Package”, adopted by the Council of Ministers, also includes two additional Bills (this is to say, a legislation that is being proposed or prepared) which will now follow the parliamentary process. These texts introduce even more stringent measures, not only with regard to citizenship by descent, but also in relation to citizenship granted through marriage.
Looking beyond lineage, the second phase of the reform introduces substantive conditions for the maintenance and recognition of citizenship among individuals born and residing abroad. In particular, those who acquire citizenship by descent will be required to demonstrate ongoing ties to Italy, such as exercising civic duties or making use of Italian public documents and services at least once every twenty-five years. This provision reinforces the State’s determination to treat citizenship not as a static or inherited status, but as a living legal relationship, rooted in effective connection, civic participation and long-term allegiance to the Republic.
Examples of such connections may include voting in Italian elections, renewing an Italian passport, registering births or marriages with Italian authorities, or residing in Italy for a certain period. The underlying rationale is to ensure that Italian citizenship reflects an ongoing commitment to the Republic, rather than a symbolic or instrumental acquisition.
Context and Legal Considerations
The reform responds to a significant demographic and administrative phenomenon. Between 2014 and 2024, the number of Italians registered abroad grew from approximately 4.6 million to 6.4 million—a 40% increase in just a decade. Meanwhile, citizenship recognitions in Latin American countries reached unprecedented levels: Argentina rose from 20,000 recognitions in 2023 to 30,000 in 2024, Brazil from 14,000 to 20,000, and Venezuela approached 8,000 in a single year. Italy’s administrative and judicial systems are now burdened with over 60,000 pending legal proceedings for citizenship recognition.
Minister Tajani remarked that these trends risk transforming citizenship into a mere formality, detached from any real relationship with the Italian State. The new rules are thus designed to reinforce the credibility of Italian nationality while reserving public resources for those who maintain an actual stake in Italian civic life.
While the legislative decree has immediate legal effect, the full implementation of the reform will unfold over the coming months. Further legislative instruments are expected to consolidate the substantive and procedural changes introduced today. Legal scholars and practitioners anticipate a significant wave of transitional cases, appeals, and potentially constitutional challenges—especially in cases where applicants were already in advanced stages of the recognition process.
Applicants and legal professionals alike are advised to suspend or reassess any pending or intended applications in light of the new requirements. Uncertainty remains regarding transitional protections, grandfathering clauses, and the treatment of cases already lodged or awaiting appointment. For now, the message from Rome is clear: Italian citizenship is no longer a matter of paperwork—it must be a matter of belonging.
For those unfamiliar with the workings of Italian legislative procedure, it is important to clarify that although the Decree Law approved by the Council of Ministers on 28 March 2025 enters into force immediately, it is a provisional and urgent measure. In accordance with Article 77 of the Italian Constitution, every Decree Law must be converted into ordinary law by Parliament within 60 days of its publication. If the conversion does not occur within this timeframe, the decree automatically lapses and loses all legal effect retroactively (ex tunc), unless otherwise regulated.
The Decree Law is therefore provisionally in force, but its definitive legal standing will depend on parliamentary approval in the coming weeks. As such, the reform is both operational and subject to political scrutiny, and its future will be shaped by the legislative debate currently under way in the Italian Parliament.
Tightening the Rules: No More Oaths or Testimonies in Citizenship Disputes
Among the most striking provisions introduced by the new Decree Law is a significant shift in the rules governing legal disputes on the recognition of Italian citizenship and stateless status. From now on, oaths and witness testimony will no longer be admissible as valid forms of evidence in proceedings aimed at establishing Italian citizenship.
The text further establishes that the burden of proof lies entirely with the applicant, who must provide documentary evidence that none of the legal impediments to acquiring or retaining citizenship apply in their case. This means that individuals seeking recognition will be required to produce complete and verifiable records that support their claim. The use of subjective declarations—long relied upon in cases involving incomplete archives or ancestral documents—will no longer be permitted.
This procedural tightening reflects a broader direction: the government’s effort to restore rigour, transparency and objective legal standards to a process that, in recent years, has often been exploited by private networks and applicants lacking any demonstrable bond with the Italian Republic.
With this reform, the Italian government is sending a clear message: citizenship is no longer a mere biological inheritance, passed down through generations without scrutiny or substance. It is being redefined as a legal status of civic belonging, one that demands continuity, evidence, presence, and responsibility.
The suspension of all consular appointments worldwide, the restriction of eligibility to descendants within two generations, the centralisation of all applications under a single authority in Rome, and the exclusion of subjective evidence in judicial proceedings—these measures are not marginal technicalities. They represent a deliberate and strategic repositioning of the Italian State, which is now aligning itself with the prevailing European approach: descent alone is no longer sufficient.
This reform draws a sharp boundary. The path to recognition is no longer wide open to anyone who can trace their lineage back to a great-grandparent. From today, it will be accessible only to those who can prove a documented, tangible and meaningful link to Italy—be it through birth, direct ancestry, or lived experience. A name in the family tree is no longer enough.
It is, without question, a turning point. For the millions of descendants of Italian emigrants scattered across the world, the era of symbolic citizenship has ended. In its place begins a new chapter—one in which Italian citizenship must be claimed with evidence, justified with loyalty, and upheld through active engagement.
This is no longer about passports. It is about identity, connection and commitment.
If you wish to learn more about this new reform, you will find below the link to the official press release along with the full text of the decree-law. If you would like to understand more concretely how the reform may impact your case and how to proceed if you have already submitted an application, feel free to contact me. I will be pleased—together with the lawyers I work with—to provide you with assistance in assessing your case, preparing the necessary documents (including official translations and legalisations), and offering clear and precise legal guidance tailored to your specific situation.
https://www.governo.it/it/articolo/comunicato-stampa-del-consiglio-dei-ministri-n-121/28079
https://www.gazzettaufficiale.it/eli/id/2025/03/28/25G00049/SG
