Italian Citizenship Jure Sanguinis. Decree-Law No. 36 of March 28, 2025: Urgent Provisions on Citizenship
On March 28, 2025, the Italian government published Decree-Law No. 36 in the Official Gazette, introducing unprecedented restrictions on the recognition of Italian citizenship for descendants born and residing abroad. To qualify for citizenship, applicants must meet specific conditions, such as having a parent or grandparent born in Italy or having a parent who resided in Italy for at least two years before their birth. The decree took effect on March 29, 2025, but procedures initiated before March 27, 2025, remain under previous rules.
On March 28, 2025, the Italian government published Decree-Law No. 36 in the Official Gazette, introducing unprecedented restrictions on the recognition of Italian citizenship for descendants born and residing abroad.
The changes outlined below apply to applications submitted at Italian consulates, Italian municipalities, and Italian Courts.
We should also mention that new mesures will be implemented through a disegno di legge (bill), as the Council of Ministers adopted a “citizenship package”, a set of legislative measures proposed by the Ministry of Foreign Affairs and International Cooperation to reform the citizenship regulations.
Background
Historically, Italian citizenship has been granted without generational limits and without requiring proof of actual ties to the country. This has led to a significant increase in the number of Italian citizens abroad.
According to the Government Considering that this regulatory framework results in the continuous and exponential growth of the pool of potential Italian citizens residing outside the national territory, who, due to holding one or more citizenships other than Italian, are predominantly tied to other states by deep cultural, identity, and loyalty bonds.
Considering that the possible absence of effective ties with the Republic among a growing number of citizens, which could reach a size equal to or greater than the population residing within the national territory, constitutes a serious and current risk factor for national security and, due to Italy’s membership in the European Union, for other member states and the Schengen Area.
Therefore, considering the extraordinary need and urgency to introduce limitations on the automatic transmission of Italian citizenship to individuals born and residing abroad, conditioning it on clear indicators of the existence of effective ties with the Republic.
Therefore, considering the extraordinary need and urgency to strike a balance between the principles set forth in Articles 1 and 3 of the Constitution, applying the aforementioned limitations to all future recognitions of Italian citizenship and avoiding the inherent unreasonableness of recognizing Italian citizenship based on different criteria depending on a random factor not indicative of effective ties with the Republic, such as the birthplace of the applicants, rather than the actual exercise of rights or fulfillment of duties connected with the status of citizen.
Considering the extraordinary need and urgency to introduce measures to prevent, pending the approval of a comprehensive reform of the provisions on citizenship, an exceptional and uncontrolled influx of citizenship recognition applications, which would hinder the orderly functioning of consular offices abroad, municipalities, and judicial offices
In light of the above, the Government decided to change the rules and published the Decree-Law No. 36
Key Provisions
- End of Automatic Recognition: The decree introduces Article 3-bis, which states that individuals born abroad with another citizenship will no longer be considered Italian citizens unless they meet specific criteria. These include:
- Having submitted a citizenship application at a consulate or municipality by March 27, 2025.
- Having initiated a legal action by the same date.
- Having a parent or adoptive parent who is an Italian citizen born in Italy.
- Having a parent or adoptive parent who resided in Italy for at least two consecutive years before the birth or adoption.
- Having a grandparent born in Italy.
- Limitations on Automatic Citizenship: The new rules limit automatic citizenship to two generations. Only those with at least one parent or grandparent born in Italy will automatically be citizens. Children of Italian citizens will acquire citizenship automatically if born in Italy or if one of their parents has resided in Italy for two consecutive years before their birth.
- Procedural Changes: The decree modifies the Legislative Decree No. 150/2011, banning oaths and testimonial evidence in citizenship recognition cases. Applicants must provide objective documentation to prove they do not fall under legal grounds for non-acquisition or loss of citizenship.
Immediate Effects and Procedural Limits
The decree took effect on March 29, 2025 (see below). Procedures initiated before March 27, 2025, will be governed by previous regulations, while new applications will be subject to the new rules.
The reasoning behind this new decree
As mentioned above, this measure aims to curb the exponential growth of new citizens linked to Italy only formally, while safeguarding national security and the administrative stability of Italian consulates and courts.
This decree marks a significant shift in how Italian citizenship is granted to descendants born abroad. The changes are designed to address the rapid growth of Italian citizens abroad and to streamline administrative processes.
It aims to ensure that those acquiring citizenship have a meaningful connection to Italy, aligning with practices in other European countries and facilitating free movement within the EU for those with genuine ties to their country of origin.
As a matter of fact, in the official text we can read Therefore, considering the extraordinary need and urgency to introduce limitations on the automatic transmission of Italian citizenship to individuals born and residing abroad, conditioning it on clear indicators of the existence of effective ties with the Republic
The Role of Italian Consulates and Municipalities
The “package” introduces a centralized office at the Ministry of Foreign Affairs to handle citizenship applications, replacing the current system where consulates manage these processes. This change aims to streamline procedures and reduce the workload on consulates, allowing them to focus on serving existing citizens
Summarizing the Key Points for Applicants
- Eligibility Criteria: To qualify for citizenship, applicants must meet specific conditions, such as having a parent or grandparent born in Italy or having a parent who resided in Italy for at least two years before their birth.
- Procedural Changes: New applications will require objective documentation, and oaths or testimonial evidence are no longer accepted. Applications will be handled by a centralized office, and consulates will focus on serving existing citizens.
- Maintenance of Ties: Citizens must periodically engage in civic activities to maintain their citizenship status.
- Immediate Effects: The decree took effect on March 29, 2025, but procedures initiated before March 27, 2025, remain under previous rules.
Possible consequences
First of all, there is a specific paragragh that we need to bring to your attention which states that “In light of the principle of proportionality, it is deemed appropriate to maintain Italian and, consequently, European citizenship for individuals born and residing abroad who have already been validly recognized as citizens“. Therefore, you should not worry if you fall under these cases.
If your case involves a great-grandparent or a great-great-grandparent, this new regulation may impact your eligibility. However, as the decree is recent, its interpretation and potential challenges are still unfolding.
In the Italian legislative system, a decreto-legge is an urgent measure enacted by the government that takes immediate effect but requires parliamentary approval within 60 days to remain valid. Therefore, this specific decree is currently undergoing conversion into law by the Italian Parliament, which must approve it within 60 days for it to become permanent. So, the government’s use of a decreto-legge in this context means the restriction is currently in force but could be modified or rejected during parliamentary review.
Then, new mesures will be implemented through a disegno di legge (bill) which is a legislative proposal that undergoes a standard parliamentary process before becoming law.
These provisions do not affect citizenship applications by marriage or by residence.
Here is a link to the Italian Official Gazette pdf