Thursday, 19 March 2026
Italian citizenship law explained: how the rules operate in practice
Italian citizenship law governs the acquisition of Italian citizenship through descent, marriage, naturalization, or birth under specific statutory conditions. These citizenship laws determine when an individual is considered an Italian citizen automatically by law and when formal recognition or a citizenship application is required.
This article explains how Italian citizenship laws are applied in practice, including citizenship by descent (jure sanguinis), dual citizenship, and naturalization. It also addresses recent developments introduced by Decree Law No. 36 of 2025 and the ongoing constitutional review of the reform.
Overview of Italian citizenship law and citizenship rights
Italian citizenship law is primarily governed by Law No. 91 of 16 August 1992, which regulates the acquisition, loss, and reacquisition of Italian nationality. The Italian Constitution, in force since 1 January 1948, has also influenced citizenship rights, particularly with respect to gender equality in citizenship transmission.
Italian citizenship may be acquired automatically in limited cases, through descent from an Italian parent or Italian ancestor, or through discretionary procedures such as marriage or legal residence. The Italian government distinguishes clearly between automatic citizenship and citizenship granted following an administrative or judicial assessment.
Dual citizenship is permitted under Italian law, meaning applicants are not required to renounce a foreign nationality when they acquire Italian citizenship, unless specific restrictions apply under foreign law.
Definition and legal basis
Italian citizenship is governed by Law No. 91 of 5 February 1992. This statute regulates acquisition, loss, and reacquisition of citizenship and establishes the legal basis for recognition through descent, marriage, birth, and naturalization.
Citizenship by descent (jure sanguinis) requires uninterrupted transmission from an Italian ancestor, provided that Italian citizenship was not lost prior to the birth of the next generation. Under the new law, eligibility is now limited to cases within the second generation, meaning the applicant must have at least a parent or grandparent born in Italy.
Citizenship by marriage and naturalization require fulfillment of statutory residence, language, and integration requirements and are subject to administrative discretion.
Applications may proceed through administrative channels or judicial proceedings, depending on the nature of the claim and the issues involved. Legislative and procedural updates have introduced additional restrictions and clarified evidentiary standards, making careful review of current rules essential.
Historical development of Italian citizenship laws
Italy’s citizenship framework has historically emphasized jure sanguinis, allowing Italian emigrants and their descendants residing abroad to seek recognition of Italian citizenship by descent. The Italian Nationality Law of 1992 modernized the system while preserving descent as the primary basis for citizenship acquisition. Judicial interpretation, including decisions of the Constitutional Court, has further shaped the application of citizenship laws, particularly in cases involving an Italian citizen mother and children born before 1 January 1948.
The 2025 reform, introduced through Decree Law No. 36 and converted by Law No. 74/2025, marks a decisive policy shift by limiting citizenship by descent to individuals with an Italian parent or grandparent. This reform is currently under constitutional review due to concerns regarding retroactivity, equality, and compatibility with EU law.
Core principles governing acquisition of Italian citizenship
Three legal principles remain central to citizenship eligibility.
First, continuity of citizenship must be established. Applicants must demonstrate that an Italian ancestor held Italian citizenship at the time of the child’s birth and did not lose citizenship through foreign naturalisation before passing it on.
Second, timing is decisive. Birth dates, particularly where citizenship transmission occurs through an Italian citizen mother, determine whether automatic recognition applies or whether judicial recognition before the civil court is required.
Third, jurisdiction matters. Recognition of Italian citizenship may occur through an Italian consulate or competent consular office, or through the ordinary civil court when administrative recognition is denied or unavailable.
