Surprise Reform of Italian Citizenship: A New Decree Still Requiring Parliamentary Approval
- Rodolphe Rous
- Apr 2
- 20 min read
On March 28, 2025, the Italian government issued, in the form of a decree-law (Decreto-Legge 28 marzo 2025, n. 36), new provisions aimed at significantly restricting the requirements for acquiring Italian citizenship by descent, commonly referred to as ius sanguinis. The announcement caused quite a stir, both in Italy and among Italian communities and Italo-descendants worldwide, due to its unexpected nature and the major changes introduced in a sensitive area: citizenship.
Unlike an ordinary law adopted by Parliament after a complete legislative process, however, a decree-law (decreto-legge) must, by law, be ratified by the Italian Parliament within 60 days of its publication in the Official Gazette (Gazzetta Ufficiale). If Parliament does not convert it into law within this time frame, the decree-law retroactively loses any legal effect.
In the following pages, we will also underscore the abrupt and unpredictable nature of this announcement, which caught observers off guard and has already generated a great deal of inquiries at consulates and legal offices specializing in Italian citizenship law.
General Context of Italian Citizenship and Ius Sanguinis
1. The Principle of Ius Sanguinis
Ever since the law of June 13, 1912 (No. 555), and even more so following the 1992 law (Legge 5 febbraio 1992, n. 91), Italian citizenship has largely been based on the principle of ius sanguinis, i.e., the transmission of citizenship by descent, regardless of the place of birth. This means that a person born abroad to at least one Italian parent (or with an Italian ancestor under certain conditions) could be granted Italian citizenship, provided that none of their ascendants lost or renounced citizenship before the birth of the next descendant.
This mechanism helped preserve a strong symbolic link between Italy and its expatriate communities, especially in South America (Argentina, Brazil, Venezuela), North America (United States, Canada), and Europe (France, Switzerland, Belgium). Millions of descendants of Italian emigrants have thus been able to apply for—and obtain—Italian citizenship, sometimes generations after their ancestor’s departure.
2. A Criticized and Overburdened System
Over the years, several criticisms have emerged regarding the “unlimited” nature of citizenship transmission by descent:
Administrative overload: Italian consulates, especially in countries such as Argentina or Brazil, have been inundated by the exponential number of requests, resulting in waiting times that can exceed five years to process a single application.
Weak effective ties to Italy: Many applicants have lived abroad for multiple generations, with no real linguistic, cultural, or economic link to Italy, raising questions about whether it is still appropriate to grant Italian nationality in these cases.
Fraud risks: Some observers have pointed to fraudulent practices, such as the purchase of fake civil status documents or “naturalization tourism,” where applicants come to Italy temporarily specifically to accelerate the citizenship recognition process.
These criticisms prompted the Italian government to consider various reform proposals, some of which did not come to fruition. It is in this context that Decree-Law No. 36 of March 28, 2025, has emerged.
Decree-Law No. 36 of March 28, 2025: A Provisional Text Pending Parliamentary Approval
1. General Overview
Decreto-Legge 28 marzo 2025, n. 36 is an urgent legislative measure adopted by the Italian government. The Constitution (Articles 77 and 87) allows the executive to legislate through a decree-law in cases of “necessity and urgency.” However, such a tool is strictly regulated:
The decree-law takes effect immediately upon its publication in the Official Gazette.
The government must present it to both houses of Parliament (Chamber of Deputies and Senate) for conversion into law within 60 days of publication.
Should Parliament fail to approve it or should it reject it, the decree-law loses all effect, as though it had never existed.
For this measure, that means the Italian Parliament has until roughly the end of May 2025 to discuss, amend, and vote on the conversion bill. During that time, the government may also decide to withdraw it or replace it with a new text.
2. The Main Points of the Decree-Law
While the provisional text may still change, Decree-Law No. 36 notably introduces:
New restrictions on passing on citizenship by descent: only individuals meeting certain specific conditions (a parent born in Italy, or having resided in Italy for at least two years, etc.) are now eligible for recognition as Italian citizens.
A retroactive limitation: the text provides that anyone born abroad before the decree comes into force, who already possesses another nationality, is deemed to have “never acquired” Italian citizenship, save for clearly stated exceptions.
Stricter legal procedures in the courts: limitation on testimonial evidence, and a requirement that the applicant prove there is no reason for disqualifying acquisition or for a loss of citizenship.
These measures have sparked strong reactions because they could undermine tens of thousands of pending applications, and possibly the status of some individuals already recognized, if the decree is ultimately converted into law as is.
3. An Unexpected Reform
The “surprise” nature of the reform stems from the fact that, until now, successive governments had envisioned framework laws or more gradual changes, which often stalled due to the complexity of the subject and political sensitivities. Resorting to a decree-law created a shock, as it imposes immediate effects—even though these may be annulled if the decree is not converted within 60 days.
The Decree-Law-to-Law Conversion Process
1. Explanation of the Constitutional Mechanism
The Italian Constitution, in the section on legislative activity, clearly states:
The government may legislate only through legislative decrees (expressly delegated by Parliament) or decree-laws (in emergencies).
A decree-law must be converted into law within 60 days.
If it is not converted, the text is voided retroactively (ex tunc).
In practice, the government submits the text to the Chamber of Deputies and the Senate. The relevant parliamentary committees examine it, issue a report, or propose amendments, and then a floor vote determines the fate of the decree-law. Parliamentarians can:
approve it as is (an uncommon occurrence);
approve it with amendments, which yields a conversion law that incorporates modifications;
reject it altogether, causing the decree-law to lapse.
This procedure is often quite swift and can become a race against the clock, with the government pushing for adoption before the looming deadline.
2. The 60 Days: A Critical Window
The 60-day time frame looms like a sword of Damocles over the decree-law. During this period, the text is indeed in effect, but remains in a legally precarious position. Two scenarios are possible:
Conversion into law: if both houses approve the conversion, the decree-law becomes an ordinary law, possibly with amendments made by Parliament. Any effects produced while the decree was in force remain in place.
Non-conversion: if Parliament rejects or fails to vote on the conversion in time, the decree-law ceases to exist. In principle, any measures taken under its terms must be annulled, barring certain irreversible cases (the principle of legal certainty), but the general rule is retroactive nullification.
In the present case, the Italian government has emphasized the urgent need to act, citing national security reasons and a need to manage the potential number of new citizens. Whether these arguments will convince the parliamentary majority remains to be seen, given the political sensitivity of the issue and its impact on Italian communities abroad.
Key Provisions of the Decree: Detailed Analysis
(We note that this text is still provisional, subject to potential amendment or rejection by Parliament.)
1. Elimination of Automatic Unlimited Transmission
The decree adds a new Article 3-bis to the 1992 law (No. 91), providing that “anyone born abroad [...] and who possesses another nationality is deemed never to have acquired Italian citizenship,” unless they meet one of the following conditions:
The status of Italian citizen was officially recognized by the authorities (consulate, municipality, etc.) by March 27, 2025 (i.e., the day before publication of the decree).
The person had already filed a recognition request or initiated legal proceedings before March 27, 2025.
At least one parent (or adoptive parent) was born in Italy.
At least one parent (or adoptive parent) resided in Italy for at least two consecutive years prior to the birth or adoption.
A first-degree ancestor (the parents of the parents) was born in Italy.
This provision is considered a major upheaval: for decades, Italy allowed inheritance of citizenship over multiple generations without requiring any residency or birth in Italy.
2. Restrictions on Proof of Citizenship in Court
The decree modifies Article 19-bis of Legislative Decree No. 150 of September 1, 2011, which governs lawsuits for recognition of Italian citizenship. Two primary changes:
Oath and testimonial evidence are no longer allowed, except where provided by law. In other words, judges may not base decisions primarily on witness statements or sworn testimony, making it harder for applicants to prove Italian descent, especially where official documents are incomplete.
The applicant is now responsible for proving that there are no grounds for non-acquisition or loss of citizenship. Previously, the government often had to prove that citizenship had been lost. This “reversal” of the burden of proof will significantly complicate administrative and judicial procedures.
3. Impact on Pending Applications
The text contains a partial safeguard for those who had filed an application or commenced legal action before March 27, 2025. However, enforcement of this clause raises several unresolved questions:
What about applications still in processing but without a date set for a consular appointment prior to that date?
What about individuals who began collecting documents but had not yet managed to submit the application?
These issues remain unclear, causing considerable concerns among Italo-descendants spread across the globe.
Immediate Reactions and the State of Public Opinion
1. Reactions in Italy
Political support: Certain ruling-party factions argue that this reform was needed to reduce the many “opportunistic” requests and to strengthen the genuine bond with the Italian Republic. In their view, national security and genuine adherence to Italy’s values outweigh a purely genealogical heritage.
Opposition and Criticism: Opposition parties deem the measure excessive and at odds with Italy’s historical values as a country of emigration that has always maintained ties with its expatriates. Some accuse it of violating equality rights or even being discriminatory.
2. Reactions Abroad
Italian Communities: There is palpable concern in major destinations of Italian emigration (Buenos Aires, São Paulo, New York). Italian consulates have reported a surge in phone calls and inquiries. Many people question the validity of their citizenship status or wonder whether they should urgently file an application.
Experts and Attorneys: Law firms specializing in Italian citizenship caution about the uncertainty surrounding this decree-law, noting that conversion into law is not guaranteed. However, they warn that if Parliament does confirm it, many applicants could be excluded from obtaining Italian nationality.
3. Surprise and Questions
The sudden nature of the reform was not announced in any government program or in the legislative drafts previously discussed. Moreover, the severity of certain provisions (retroactivity, exclusion of testimonial evidence, etc.) suggests a likely political showdown in Parliament. No one foresaw such a measure, described by some analysts as a “legislative thunderclap.”
Parliamentary Path: Upcoming Steps
1. Introduction in the Chamber of Deputies
Following standard procedure, the government will formally file the text with the Chamber of Deputies, which will examine it in committee (most likely the Constitutional Affairs Committee) before bringing it before the full assembly. Deputies can propose amendments that soften or strengthen certain provisions.
The Chamber will have limited time for discussion, since the Senate must also vote before the 60-day deadline. Often, the executive branch will speed the procedure, possibly resorting to a confidence vote on the decree-law to limit debate.
2. Passage to the Senate and Final Vote
After any Chamber approval, the amended text heads to the Senate. The Senate, in turn, can amend the decree. However, any Senate amendments must then go back to the Chamber for final approval, adding complexity. In practice, both houses could end up forming a joint committee if disagreements arise.
The government likely hopes to secure conversion before the very end of the deadline. If time is too short, it might seek legislative priority or other procedural maneuvers to fast-track approval.
3. Possible Scenarios
Scenario 1: Adoption as isParliament approves the decree-law with no significant changes. The provisions then take permanent effect, locking in the reform.
Scenario 2: Adoption with AmendmentsBoth houses could introduce revisions (e.g., extending the deadline for applications, reinstating testimony, clarifying the retroactive scope, etc.). In that event, while the final text might be less stringent than the original version, it would still signal a substantial policy shift.
Scenario 3: RejectionIf the ruling majority falls short or if the opposition manages to block the text, Decree-Law No. 36 will lapse, and its effects vanish retroactively. Pending applications would revert to the prior legislation, as though the decree had never existed.
The Unexpected Nature of the Change: Why “Abrupt”?
No Warning: Typically, before a major reform, governments hold consultations, issue white papers, or organize working groups. Here, none of that occurred. The measure was announced as an urgent decree-law.
Security-Centered Rhetoric: The text suggests fear of potentially expanding the Italian electorate and of thousands or even millions of “paper Italians,” who, according to some MPs, might threaten national or European security. This line of reasoning had not featured strongly in previous debates on citizenship.
Immediate Effects: The decree-law took effect on March 29, 2025, instantly upending all existing procedures for citizenship recognition. The impact is huge, given the large number of cases underway worldwide.
Uncertainty and “Administrative Nightmare”: Consulates, courts, and municipalities in Italy suddenly face a new legal framework, aware that it may be amended or rejected within two months. This has led to further confusion, which some news outlets have dubbed a “legislative storm.”
The Government’s Official Rationale
The preamble to the decree-law highlights several “considerations”:
Exponential growth in applications: Authorities have observed a sharp rise in Italo-descendant requests for citizenship.
National security risk: The text asserts that a large influx of new citizens “without a genuine sense of belonging” might pose a security concern, especially because of free movement within the Schengen area.
Proportionality principle: The government aims to safeguard the rights of those already recognized while closing the “floodgates” for new requests.
Necessity and urgency: In the government’s view, an immediate measure was required to avoid a “mass rush” of last-minute applications before any comprehensive legislative reform could be enacted.
These claims are hardly unanimous, however. Many legal scholars maintain that Italy could have adopted more targeted solutions (e.g., enhanced antifraud checks, a basic Italian language test, etc.) without undermining a historical pillar of citizenship law.
Practical Implications for Descendants of Italians
1. For Those Who Have Not Yet Filed an Application
The most prominent measure is the prohibition on recognizing citizenship for anyone born abroad, holding another nationality, and lacking a parent born in Italy or residing in the peninsula for at least two years. This means:
Individuals in the third, fourth generation (and beyond)—where the Italian ancestor is a great-grandparent, great-great-grandparent, etc.—may no longer be eligible to apply.
In some cases, only ordinary naturalization may remain (5 years of residence for EU citizens, 10 for non-EU), which is less advantageous than automatic recognition.
2. For Those Who Filed Before March 27, 2025
The decree-law sets out an exception for applicants who filed before the cut-off date. In principle, their cases would still be governed by the old rules. But the question remains: How to prove the date of submission? What if the consulate had not begun the procedure?
It is likely that the Italian authorities will demand proof (an email, a filing receipt, etc.) attesting that the request was formally made prior to the specified date. At present, however, the administrative details remain unclear.
3. For Those Already Granted Citizenship
Under the principle of legal certainty, existing rights should remain intact. In practice, individuals who already hold an Italian passport or ID card keep their citizenship, even if, under the new rules, they would not have been eligible.
The Italian Legal Framework: Background and Interactions
1. The 1948 Constitution
The postwar Constitution enshrines the principle of equality among citizens (Article 3) and recognizes citizenship as a core element, but it does not define how citizenship is acquired or lost, leaving that to ordinary legislation (such as the 1992 law). The government justifies the decree-law by invoking Article 77 of the Constitution, which permits decree-laws in urgent circumstances.
2. Prior Laws (1912, 1983, 1992)
The new decree explicitly states that it “derogates” from key articles of the 1992 law, the 1912 law, and the 1983 law. In practice, it suspends entire sections of these statutes for new applications, representing a major policy shift.
3. International Treaties and the EU
Italy is party to various international agreements, including the 1997 European Convention on Nationality (not ratified by all) and the 1963 Strasbourg Convention on reducing multiple nationality cases. European implications could be substantial because every new Italian citizen automatically becomes an EU citizen, with the right to free movement and establishment in the Schengen area.
The decree-law specifically refers to a risk for Schengen security, arguing that individuals lacking meaningful ties to Italy might acquire a European passport. This line of reasoning is, however, debated.
Legal and Constitutional Critiques
1. Potential Infringement of Acquired Rights and Legitimate Expectations
Some experts note that Italy, for more than a century, encouraged its diaspora to remain connected to the homeland. On the eve of a potential reform, abruptly severing this “implicit agreement” between Italy and its emigrant communities could be perceived as unfair or unconstitutional. Legal challenges on constitutional grounds might be filed if the conversion law does not provide adequate transitional rules protecting ongoing cases.
2. Issues of Retroactivity
The decree states that citizenship for individuals born abroad before its effective date is “never considered to have been acquired” except in certain cases. Yet retroactivity in Italian law is strictly limited. A key question is whether one can deprive a person of a status they could legitimately claim before the decree’s publication.
3. The 60-Day Deadline: Possible Parliamentary Rejection
Because of the decree’s “tough” stance, legal scholars think part of the ruling majority might push for more moderate amendments or even decide not to vote on conversion. Optimists suggest that the text may be fundamentally revised—removing retroactivity or introducing milder criteria.
Testimonials and Concrete Cases
To illustrate the scope of the situation, here are some real-life scenarios (names are fictitious, but the cases are inspired by actual situations):
Lucia Alvarez (Buenos Aires, Argentina)
Great-granddaughter of an Italian who emigrated in 1900.
Before the reform, she could have begun the recognition process.
After March 28, 2025, she is no longer eligible if she did not already file her application, since her line goes back to a great-grandfather and no direct parent was born in Italy.
Marco Donovan (New York, USA)
His father was born in Milan but left Italy at age 3.
The father never returned, but Marco submitted a citizenship recognition request in 2024 at the consulate.
If documents show that his application was filed before March 27, 2025, Marco should still benefit from the old rules, despite the new decree.
Paolo Pereira (São Paulo, Brazil)
He started gathering the required documents in February 2025 but was unable to schedule a consulate appointment.
He likely cannot prove he officially filed his application before the cutoff date.
He may be denied recognition, unless he meets another condition (such as having a parent born in Italy).
These examples highlight the real and often severe consequences the reform might have for thousands of people.
The Political Dynamics of Conversion
Why did the government opt for a decree-law rather than an ordinary bill? Observers put forward several explanations:
Desire for swift action: The executive considered the situation too urgent to await a “traditional” parliamentary debate, which might stretch on for months.
Power of surprise: The government preferred to create a done deal and force Parliament to respond quickly, rather than risk the proposal getting stuck in committee.
Negotiation strategy: By introducing a hardline text, the executive might accept certain amendments that soften the measure but still preserve its core aims, satisfying a large segment of the majority.
Whether the reform survives in full, in part, or not at all will depend largely on internal coalition dynamics and pressure from Italian voters overseas (who elect their own deputies and senators).
The “Unexpected Decree” Factor: Media Reactions
Major Italian newspapers widely reported the decree’s publication:
Corriere della Sera: “A surprise reform that changes the rules for millions of oriundi.”
La Repubblica: “Government toughens citizenship: risk of chaos in the consulates?”
Il Messaggero: “Citizenship: the decree that could spark global litigation.”
The international press, especially in Latin America, reports a sense of “betrayal” felt by many descendants of Italians. Headlines speak of “the door closing on Italian nationality” and “end of an era for Italo-descendants.”
Administrative Aspects: The Impact on Consulates
Italian consulates around the world are on the front lines for citizenship applications. As of late March 2025, they must apply the decree-law on an urgent basis, without knowing if it will remain in force:
De facto suspension of new applications: Some consulates have halted appointment scheduling until they can clarify the scope of the decree.
Expedited processing of pending files: Others, conversely, are rushing to finalize applications that were complete before the key date, to protect the applicants’ rights.
Legal ambiguities: Consular officials must implement legislation that might soon be invalidated, all the while handling a surge of applicants eager to file before a possible further crackdown.
This adds to the challenges for consular staff, often already understaffed, now deluged by legitimate requests for information.
Focus: How the Italian Parliamentary Process Works (Recap)
To understand why the 60-day window is challenging, let us recall Italy’s institutional steps:
Initiative: The government issues a decree-law, which takes immediate effect.
Committee Work: The measure is assigned to a committee of the Chamber (often Constitutional Affairs or a joint committee) for discussion and possible amendments.
Plenary Vote: The Chamber debates and votes on the text, amended or not.
Transmission to the Senate: The Senate reviews it. If the Senate modifies the text, it may have to return to the Chamber.
60-Day Deadline: The entire procedure must finish before the deadline expires.
Promulgation: If Parliament approves, the President of the Republic signs and promulgates the conversion law, making it final.
The risk is that the so-called “shuttle” process between houses might exceed the 60-day limit. Swift compromises will likely be needed.
Possible Parliamentary Amendments
Parliament may well want to amend the text to:
Clarify retroactivity: e.g., excluding retroactive application for births prior to a certain date or extending the timeframe for submitting applications.
Reintroduce some form of testimonial evidence: so as not to penalize cases where historical registry data is incomplete.
Relax requirements on residence or a parent’s birth in Italy: possibly allowing recognition if a direct ancestor was an Italian-born grandparent, thus slightly broadening eligibility.
Provide an implementation period: measures of this nature often take effect after a transitional phase, to let administrative bodies and the public adapt.
However, nothing is guaranteed. The government may also try to secure the decree’s passage unamended, relying on party discipline within the majority.
Consequences for Italo-Descendants: What to Do Meanwhile?
During this period of uncertainty, those affected may be wondering:
Should I submit an urgent application now?
If you satisfied the old law’s conditions but had not yet applied, unfortunately the deadline set by the decree (March 27, 2025) has already passed. You cannot invoke the old regulations unless Parliament decides to move that date.
Can I challenge this decree in an Italian court?
Technically, yes, but litigation could be lengthy and face the added complication that the decree may or may not be converted into law. Some law firms are already studying the constitutionality of its retroactive provisions.
Should I wait for Parliament’s vote?
That is likely the most sensible option. The text might be changed, softened, or rejected, radically altering the situation.
What about the “new link with Italy” mentioned in other texts?
There is a separate draft bill, cited by some press articles, suggesting the requirement to “maintain a concrete connection” by exercising a citizen’s right or duty at least once every 25 years. However, this remains only a proposal, not in effect.
The Importance of Emphasizing the Decree’s Temporary Nature
It must be stressed that Decree-Law No. 36 is currently in force but not final. Italy’s entire citizenship system could revert to its prior state if Parliament refuses to convert the decree, or it could be amended along the way.
This uncertainty explains why so many attorneys and consultants advise caution: until the conversion law is passed, it is difficult to give definitive answers for each specific case. Parliamentary debates may yield many surprises, in one direction or another.
A Historical Perspective: Italy’s Tradition of Openness Toward Emigrants
Italy has historically encouraged its citizens to maintain close ties with their country of origin.
In the aftermath of World War II, the 1948 Constitution established the right to vote from abroad, a sign of a strong desire to include the diaspora democratically.
Millions of Italians left the country from the 19th century to the mid-20th century, contributing significantly to the development of entire nations (Argentina, Brazil, the United States, etc.).
From this perspective, today’s reform could mark a potential break with a principle deeply anchored in the national consciousness, imposing a far stricter definition of the “legal national community.”
Sociological Aspects: The Italian Diaspora in the 21st Century
According to the latest statistics, over six million Italian citizens are officially registered in the AIRE (Register of Italians Residing Abroad). Yet descendants of Italians who never registered or never sought citizenship could number in the tens of millions. This sheer scale explains:
Pressure on consular services: For instance, in Brazil and Argentina, waiting times for simple citizenship appointments already exceeded two years before the decree.
Debate on “Italian identity”: Many commentators believe ius sanguinis should be maintained but combined with language proficiency tests, cultural knowledge, or a more tangible engagement with Italy.
Political impact: Italians living abroad elect their own representatives to Parliament. Historically, their votes have influenced the composition of ruling majorities. A far-reaching reform could reshape Italy’s electoral landscape in the long run.
The Future of Italian Citizenship in the European Union
Italy is part of the EU, and each national citizen automatically becomes an EU citizen. Other member states follow this issue with interest because a large number of new Italian nationals would mean many more EU citizens free to move within the Schengen area.
While Brussels has not officially commented on the decree-law, it is likely that the European Commission is monitoring developments. Each EU country does retain sovereignty over citizenship matters, but the EU could raise concerns if it detects abuses (such as “passport sales”) or potential security risks.
The Role of the President of the Republic
The decree-law is signed by the President of the Republic (Sergio Mattarella in 2025).
However, the President can intervene at the moment of promulgation of the conversion law, returning it to Parliament if he considers it unconstitutional or contrary to the fundamental principles of the Republic.
In extremely rare cases, the President could refuse to sign the conversion law. This normally happens only on substantial constitutional grounds. It is too early to say whether the President might exercise this power, but it remains a possibility.
Comparative Perspectives: Other European Countries
Many European states combine ius sanguinis and ius soli (right of soil), though most require residency or language tests to validate nationality. For example:
Spain: Transmission is possible up to the second generation, then residence in Spain is required to gain citizenship.
Portugal: The nationality code acknowledges Portuguese ancestry but often requires evidence of an effective link.
Greece: Recognizes descent-based citizenship but with quite rigorous documentary requirements.
Italy has so far stood out for the considerable flexibility of its ius sanguinis regime, which helps explain the shock triggered by this decree-law.
Prospects in Notarial and Legal Practice
The practical enforcement of the decree-law depends heavily on administrative interpretations and case law. Lawyers specializing in citizenship matters foresee a wave of litigation if the measure is upheld:
Administrative disputes: Many will challenge refusals to grant recognition, alleging an incorrect application of the law’s exemptions.
Constitutional challenges: Actions may be filed over its retroactive effect or the ban on witness testimony.
Practitioners advise utmost caution, urging those affected to keep all documents and proof of application filing, pending a parliamentary decision on the final framework.
Provisional Advice for Those Interested in Italian Citizenship
Confirm your filing date: Anyone who filed a request before March 27, 2025 should obtain official proof from the consulate.
Monitor parliamentary updates: The fate of the reform will be decided by late May 2025. It is vital to track debates to see if the decree will be amended or rejected.
Consider alternative avenues: If the reform is upheld and excludes you from ius sanguinis, you might explore naturalization by residency in Italy (marriage to an Italian citizen, long-term residence in the country, etc.), if that’s feasible for you.
Retain all documents: Civil status records, certificates showing your ancestors did not naturalize, etc., could still be useful if the final law is less strict or if litigation arises in the future.
Future Scenario: If Parliament Approves the Law…
If, after the 60 days, Parliament votes to convert the decree while retaining its key points, Italy’s legal landscape will change drastically:
End of unlimited generational transmission: Only second-generation Italians (or those with a direct ancestor born in Italy) would remain eligible, with the rest largely excluded, barring exceptions.
Stricter oversight of applications: Courts and consulates would apply tougher standards, with fewer options for proving ancestry through witnesses.
Impact on the diaspora: Future applicants would have no choice but to move to Italy or prove a parent was born in Italy. Consular queues might shrink but at the cost of a dramatic reduction in newly recognized citizens.
Conclusion: Italian Citizenship at a Crossroads
Decreto-Legge 28 marzo 2025, n. 36 is one of the most unexpected and radical developments in the history of Italian citizenship. Its declared objective is to drastically limit access to nationality by descent, citing reasons of national security and social cohesion. Yet that ambition faces several hurdles:
A historical tradition of openness and generosity toward the diaspora;
Complex parliamentary dynamics, in which the ruling majority may not be entirely unified on such a sensitive matter;
Legal challenges and strong reactions from millions of Italo-descendants worldwide, who see the reform as a sudden break with Italy’s migratory heritage.
The decree-law still requires parliamentary approval within 60 days. Until then, nothing is set in stone. The situation remains uncertain, and the coming weeks will be decisive.
The Urgency of a Balanced Approach
Whatever the parliamentary outcome, it is clear that the issue of ius sanguinis in Italy calls for a thorough discussion and engagement with the communities involved. While seeking to reduce abuses or requiring a stronger cultural and civic link is understandable, the manner chosen—an urgent decree-law—appears abrupt and unsettling.
Time will tell whether this approach will clarify the legal framework or merely exacerbate confusion and legal insecurity. It is important to repeat that the measure is not definitive as long as it has not been ratified by a parliamentary vote.
Next Steps: Watch for debates and votes in the Italian houses of Parliament, possible amendments, and the final decision of the President of the Republic. Until then, Italo-descendants, law offices, consulates, and local authorities remain on alert, awaiting a lasting legislative solution that might stabilize—or repeal—this sudden reform.
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