Citizenship Provided by Law (Article 4 of Law No. 91/1992)
Italian citizenship provided by law — regulated by Article 4 of Law No. 91 of 5 February 1992, as subsequently amended — governs a particular mode of acquisition based on a formal declaration of will, rather than on automatic descent (iure sanguinis) or discretionary naturalisation. It applies to specific situations in which citizenship arises as a direct legal effect of a declaration, once the statutory requirements are fulfilled.
This provision plays a crucial role in protecting minor children of Italian citizens, including those born abroad, ensuring that they can acquire Italian nationality even in cases where the transmission of citizenship is not automatic. Article 4 reflects the principle that nationality is a continuing legal status, capable of being activated by parental intent or established residence, and not merely a matter of bloodline.
The mechanism introduced by Article 4 is declarative and non-discretionary: once the legal conditions are met and the declaration is validly lodged, the acquisition of citizenship follows by operation of law (acquisto per beneficio di legge). This framework guarantees respect for constitutional principles of equality and international standards on the prevention of statelessness, while preserving the unity of the family bond with the Italian State.
The 2025 reform further strengthened this structure, introducing a transitional window for minors affected by the new ius sanguinis limitations. It confirmed that children of Italian citizens — even those residing abroad — may still obtain Italian citizenship through a formal declaration, ensuring continuity of legal protection and the preservation of their link with Italy.
General Scope and Application
Article 4 operates mainly within the Italian territory and covers citizenship acquisitions arising by law (acquisto per beneficio di legge). The provision concerns cases where Italian citizenship is granted automatically or upon declaration, provided certain statutory conditions are met. The practical implementation of Article 4 falls under the competence of the Ministry of the Interior, which issues administrative instructions and collects the required documentation through Prefectures or consular authorities. The current version of Article 4, following the 2025 reform (Law No. 74/2025), expands the scenarios in which a minor child of an Italian citizen may obtain citizenship through a formal declaration, even when residing outside Italy.
Citizenship for Children of Italian Parents (Declaration of Will)
The main case governed by Article 4 concerns the minor child of a parent who is an Italian citizen by birth. The law allows such children to acquire Italian citizenship by way of a declaration of intention made by the parent(s) or legal guardian.
- Timing of Declaration –
The declaration must be submitted within one year from:- the birth of the minor, or
- the date on which filiation (including adoptive filiation) is legally established.
When the declaration is made within this one-year period, the child acquires Italian citizenship automatically, even if residing abroad. This acquisition is considered by operation of law, without the need for further authorisation.
- Declaration after the One-Year Period –
If the declaration is submitted after one year has elapsed, the law imposes an additional condition: the minor must have legally resided in Italy for at least two consecutive years prior to the submission of the declaration. Only then will the declaration produce legal effect. - Renunciation at Majority –
Once the individual reaches the age of majority, he or she retains the right to renounce Italian citizenship, provided another citizenship is already held. This option ensures compliance with international conventions on the avoidance of statelessness and the protection of dual nationality.
Transitional Provisions (2025 Reform)
The 2025 citizenship reform (Decree-Law No. 36/2025 converted into Law No. 74/2025) introduced a transitional period to safeguard minors affected by the new ius sanguinis restrictions. Specifically, declarations may be submitted until 11:59 p.m. (Rome time) on 31 May 2026 on behalf of minors who were under 18 years of age as of 24 May 2025, provided they are children of iure sanguinis citizens falling within letters a), a-bis) and b) of Article 3-bis, paragraph 1 of Law No. 91/1992. This transitional measure allows families who were already in the process of citizenship recognition before the reform to regularise their children’s citizenship status, maintaining continuity with the prior legal regime.
Administrative Requirements and Costs
The acquisition of citizenship under Article 4 requires submission of the declaration to the competent Italian authority:
- In Italy: to the local Municipality (Ufficiale di Stato Civile) or the Prefecture;
- Abroad: to the Italian Consulate having jurisdiction over the applicant’s country of residence.
The declaration must include:
- a birth certificate of the minor;
- documentation establishing the parent’s Italian citizenship;
- any proof of residence in Italy, where applicable; and
- the declaration of intention signed by the parent or guardian.
A contribution fee of €250 is payable to the Ministry of the Interior, as established by law for all citizenship applications under Article 4. The payment receipt must accompany the declaration.
Nature of Acquisition
Citizenship under Article 4 is not discretionary. It operates by law upon satisfaction of statutory requirements, once the declaration is validly lodged. The relevant authority verifies only the existence of the necessary factual and legal conditions — for example, the parent’s citizenship status and the child’s age or residence.
This mechanism reflects the legislator’s intent to simplify access to citizenship for children with direct Italian ancestry while preserving procedural guarantees and the voluntary nature of the acquisition.
Legal Reference
- Law No. 91 of 5 February 1992, New Provisions on Citizenship, Article 4 (as amended by Law No. 74 of 23 May 2025).
- Article 3-bis, paragraph 1, letters a), a-bis) and b) – transitional provisions for minors introduced by the 2025 reform.
- Ministerial implementation: Ministry of the Interior, Department for Civil Liberties and Immigration – guidance and operational instructions on declarations under Article 4.