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ITALIAN CITIZENSHIP NEW LAW 2025

DECREE 36/2025 ON ITALIAN CITIZENSHIP CONVERTED INTO LAW

 

 

Decree no. 36/2025 on Italian citizenship by descent has been converted into law with some amendments that, instead of expanding the pool of potential applicants for citizenship, have further restricted the right to Italian citizenship, penalising both the descendants of older generation emigrants and the expatriates of more recent generations.

The legislation in force in Italy until 27 March 2025 recognised the right to apply for citizenship by descent from an Italian ancestor without a limit of generations.

In the first article we already outlined the recent changes to citizenship by descent on the basis of Decree-Law 36/2025, which effectively prevent the right to obtain citizenship by descent from third or more generations (i.e. from Italian great-grandparents) by limiting the possibility only to those who have an Italian parent or grandparent.

On 28 March, a decree-law with immediate effect from the same day changed the rules by stipulating that descendants of Italian citizens, born abroad, will automatically be citizens for two generations only, i.e. only those who have at least one parent or grandparent born in Italy will be citizens from birth.

While in the second article we have seen all the critical profiles of the decree that has become law in terms of unconstitutionality and illegitimacy.

However, all the discussions and proposals for changes to see the right to citizenship still recognised for oriundi descendants of Italian citizens were not accepted and the government on 20 May 2025 approved the decree by converting it into law, except for a few amendments.

 

This law has provoked numerous reactions not only from communities in Argentina, Brazil or other Latin American countries, but also from US citizens who have Italian ancestry and want to reconnect with their roots and who are considering a move to Europe or have already moved, as a Financial Times article wrote, and who have already ‘invested significant time, effort and financial resources in preparing to apply for Italian citizenship.’

‘The Italian-American community has always had a strong sense of pride in their origins and many have taken it personally’ ’Many of them are preparing to fight this law. They are very motivated and do not intend to give up.’

People familiar with the issue said Trump was concerned about the number of Latinos using Italian passports to enter the US without visas on a permanent basis.

The decree converted into law provides for the automatic acquisition of citizenship for foreign-born persons already holding other citizenship to cease, with the exceptions expressly provided for.

Among these, an exception has been introduced in favour of those who, by 27 March 2025, have

• submitted an application to the consular office or mayor, or
• received a notice of appointment.

 

The possibility of re-acquiring Italian citizenship is also recognised for those who had lost it in application of Law n° 555/1912, on condition that they were born in Italy or have resided there legally for at least two continuous years and present a specific declaration between 1 July 2025 and 31 December 2027.

Finally, it is provided that the descendants of Italian citizens residing abroad, citizens of States of historical Italian emigration (to be identified by inter-ministerial decree), may enter and reside in Italy for subordinate work even outside of the maximum quotas set by the flows decree.

 

DECREE-LAW 36/2025 CONVERTED INTO LAW

From the website of the Camera Ddl 2402 – decreto-legge 36/2025

 

CITIZENSHIP FOR THOSE BORN ABROAD

Article 1(1) provides that those born abroad who hold another citizenship do not automatically acquire Italian citizenship. This preclusion also applies to those born abroad before the provision came into force. However, the following exceptions are provided for, for which the previous rules apply:

• if the status of citizen has been recognised or the interested party has received notice of an appointment to submit the application by 27 March 2025;
• if the status of citizen has been judicially established as a result of a court application filed by 27 March 2025;
• if one of the parents or grandparents held Italian citizenship exclusively;
• if one of the parents or adoptive parents resided legally and continuously in Italy for at least two years after the acquisition of Italian nationality and before the birth or adoption of the child;

 

Acquisition of nationality by a foreign or stateless minor

Article 1, paragraphs 1-bis and 1-ter introduce new cases of acquisition ‘by benefit of law’ and not ‘by birth’. It establishes that a foreign or stateless minor, descended from parents who are Italian citizens by birth, becomes an Italian citizen if his parents or guardian declare their wish to acquire him. It also requires that, subsequent to this declaration, the minor resides legally and continuously for at least two years in Italy, or that the declaration of intention is presented within one year from the birth or from the date of recognition/adoption by an Italian citizen. A minor who becomes an Italian citizen by the will of his parents and who holds another nationality may renounce Italian citizenship upon reaching the age of majority.

Paragraph 1-quater further establishes that the minor child of a parent who acquires citizenship may in turn acquire it only if he or she has been residing legally in Italy for at least two continuous years on the date of the parent’s acquisition of citizenship (or from birth, if the child is less than two years old).

 

Disputes concerning the establishment of nationality

Article 1(2) provides that

in disputes for the ascertainment of Italian citizenship, oaths and testimonial evidence are not admissible as means of proof, except in cases expressly provided for by law. In addition, the burden of proving the non-existence of the causes of non-acquisition or loss of citizenship falls on the person requesting the ascertainment of citizenship.

 

Foreigners of Italian descent and entry permit for work

Article 1-bis, paragraph 1 provides that

foreigners residing abroad, descendants of an Italian citizen and citizens of a State of historical Italian emigration, may enter and reside in Italy for subordinate work outside of the maximum quotas provided for by the flows decree. The identification of these States is referred to an inter-ministerial decree.

 

Granting citizenship to foreigners descended from Italians

Article 1-bis, paragraph 2 reduces from three to two years the period of legal residence in Italy required for the granting of nationality to a foreigner whose parent or grandparent is or was an Italian citizen by birth.

 

Re-acquisition of nationality in favour of former citizens

Article 1-ter provides that those who were born in Italy or have resided there for at least two continuous years, and who have lost their nationality in application of specific provisions of Law n° 555 of 1912, may reacquire it if they make, between 1 July 2025 and 31 December 2027, a declaration to this effect.

This is only part of the organic change to the citizenship law already envisaged by the government.

In order to find an opening for those who have lost the right to apply for Italian citizenship, we will have to wait, in the face of the appeals that will surely be filed, to see how case law on the matter will orient itself and whether it will actually identify profiles of unconstitutionality and illegitimacy in the new law.

There are already two interesting pronouncements on the subject.

 

Relevant judicial pronouncements on the new citizenship law

• Court of Campobasso
  With decision no. 375/2025, established that Decree-Law no. 36/2025 cannot be applied retroactively to proceedings initiated before its entry into force, recognising citizenship to third-generation descendants. The ruling of the Court of Campobasso constitutes a relevant precedent even though it concerns proceedings initiated before the enactment of the new rules on citizenship.
• Issue of constitutional legitimacy raised by the Court of Bologna
  The Court of Bologna raised a question of constitutional legitimacy with regard to Article 1 of Law 91/1992, as amended by Decree-Law 36/2025, highlighting possible violations of constitutional principles by considering that ius sanguinis would not represent a suitable criterion for identifying an effective link between the individual and the Community, in line with the underlying principle that moved the Government to issue Decree-Law 36 of 2025. The hearing before the Constitutional Court is scheduled for 24 June 2025, unless the Court adjourns to combine all the questions of constitutionality.
• Other courts such as those of Milan, Florence and Rome have also raised the same issue of constitutionality and, therefore, many ongoing proceedings have been suspended pending a final ruling by the Court.

 

In light of these considerations, numerous court battles can be expected on this issue, and it cannot be ruled out that Decree-Law 36/2025, now converted into law, may be declared unconstitutional, in whole or in part, especially with regard to its retroactive application, not to mention the possible violation of international standards as well, also affecting the rights to European citizenship.