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Tuesday, 24 March 2026

New Italian citizenship laws: what changed, what didn’t, and what still applies

The new Italian citizenship laws introduced in 2025 have significantly altered the framework governing the acquisition of Italian citizenship, particularly for individuals claiming citizenship by descent. While Italian citizenship remains available under several legal pathways, the new law now limits automatic recognition primarily to individuals with an Italian parent or grandparent. Claims based on more distant ancestors are excluded unless protected by applications submitted before March 27, 2025.

This article explains the changes introduced by Decree Law No. 36, converted into law by Law No. 74 of 2025 (the so-called Tajani Decree), which entered into force on March 28, 2025. It also clarifies which rules continue to apply, how children born abroad are affected, and why many cases now require a judicial procedure rather than consular processing.

Overview of the new Italian citizenship laws

The new Italian citizenship laws reshape eligibility, procedural requirements, and evidentiary standards for Italian citizenship. Administrative recognition through Italian consulates is now largely restricted to closer generational claims under citizenship by descent, while more complex cases must proceed through a judicial procedure submitted before the Italian civil courts.

Key legislative changes under Decree Law No. 36

Decree Law No. 36 and its conversion law, Law No. 74 of 2025, introduced stringent rules governing citizenship by descent (citizenship jure sanguinis). Eligibility is now limited to individuals with an Italian parent or Italian parent or grandparent. Great-grandparents and earlier ancestors are excluded unless grandfathered under the old rules.

An Italian ancestor must have held only Italian citizenship at the relevant date, either at the applicant’s birth or at the ancestor’s death. If the ancestor acquired foreign citizenship before the child’s birth, the line of transmission is considered interrupted under Italian citizenship law.

As of January 1, 2025, the consular fee for adult citizenship applications by descent increased to €600, reflecting the Italian state’s intent to regulate demand through stricter procedural and financial requirements.

Purpose and rationale of the reform

According to the Italian government, the reform aims to reduce administrative backlogs, prevent abuse of automatic recognition, and ensure that applicants demonstrate a genuine connection to Italy rather than relying solely on Italian ancestry.

The reform emphasizes residence, language proficiency, and legal integration, particularly for foreign nationals and dual nationals residing abroad. These objectives have triggered a broader constitutional review, especially regarding retroactive effects and the treatment of minors.

Eligibility criteria under the new law

Eligibility for Italian citizenship under the new rules depends on lineage, timing, and procedural compliance. While applications submitted before March 27, 2025 are processed under the prior citizenship law, new applications must comply with the new Italian citizenship laws.

Parent or grandparent requirement for citizenship by descent

Under the revised citizenship by descent framework, eligibility is limited to individuals with an Italian parent or grandparent who satisfies statutory requirements.

For parent-based claims, the Italian parent must have been born in Italy.. For grandparent-based claims, the grandparent born in Italy must have held only Italian citizenship at the relevant date.

Any acquisition of a foreign nationality before the child’s birth interrupts the ability to pass citizenship under Italian law.

Minor children born abroad affected by the new Italian citizenship laws and declaration requirements

 

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Residency and continuous residence requirements

For applicants seeking acquiring Italian citizenship through residence, the law now requires proof of legal residence and continuous residence in Italy over a sustained period.

Descendants of Italian citizens benefit from a reduced residency requirement, from three years to two years, provided they have legally resided in Italy and maintained proper registration. The failed June 2025 referendum did not alter the ten-year requirement applicable to other foreign nationals.

Judicial review of Italian citizenship cases following Decree Law No. 36 and Law No. 74 of 2025

Constitutional review and future developments

Law No. 74 of 2025 and Decree Law No. 36 have been subject to constitutional scrutiny, culminating in a public hearing before the Italian Constitutional Court on March 11, 2026.

During the hearing, the Court examined key legal questions concerning the retroactive application of the reform, its compatibility with constitutional principles of equality and proportionality, and its impact on individuals who had already initiated or were eligible to initiate citizenship claims under the previous legal framework.

Particular attention was given to cases involving minors and individuals born abroad, whose rights may be affected by the new limitations on citizenship by descent. Several lower courts had previously referred these issues to the Constitutional Court, highlighting potential conflicts with fundamental constitutional protections.

As of now, the Court has reserved its decision, and a ruling is expected in the coming months. The outcome will be decisive in determining whether the restrictive provisions of the reform will remain in force or be partially invalidated.

Italian Constitutional Court and government institutions reviewing the 2025 Italian citizenship law reforms

Final considerations on acquiring Italian citizenship

The new Italian citizenship laws introduce more stringent rules governing citizenship by descent, residency, and recognition procedures. Eligibility now depends on ancestry, timing, residence in Italy, and demonstrable ties to the Italian state.

However, the legal framework remains in flux following the Constitutional Court hearing of March 11, 2026, and the forthcoming decision may significantly reshape the current system.

Given the technical nature of the law, evolving jurisprudence, and heightened procedural requirements, guidance from legal experts is strongly recommended for anyone seeking to acquire citizenship under the revised framework.

Legal assistance for Italian citizenship matters

Aprigliano International Law Firm assists clients worldwide with Italian citizenship matters, including citizenship by descent, reacquisition of citizenship, applications involving children born abroad, and administrative or judicial procedures before Italian courts.

The firm provides legal analysis, document review, and representation under the new Italian citizenship laws and related legislative decrees. Individuals seeking assistance may contact Aprigliano International Law Firm by filling this form for a tailored case assessment.

 

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