The New Decree-Law 36/2025 Changes the Rules of Citizenship by Descent (iure sanguinis).
What is Decree-Law 36/2025 on Italian Citizenship?
On March 28, 2025, Decree-Law No. 36/2025 was published in the Official Gazette and came into effect the following day March 29, 2025. This legislative measure significantly revises the system of Italian citizenship by descent (iure sanguinis), which is granted based on lineage from Italian citizens, introducing a retroactive deadline and narrowing eligibility.
The decree has immediately sparked doubts, concerns, and criticism from legal scholars, practitioners, and citizens residing abroad many of whom are currently engaged in the process of obtaining Italian citizenship.
The changes introduced by the decree appear not only drastic but also potentially in conflict with several fundamental constitutional principles.
What Changes Under the New Decree?
Until now, Italian citizenship by descent followed a clear principle: anyone born to or descending from an Italian citizen, even across multiple generations, had the right to citizenship recognition, regardless of birthplace or current residence.
The Italian system did not impose generational limits applicants only needed to demonstrate that their ancestor was an Italian citizen, without requiring any tangible connection to Italy. Citizenship was granted as long as the lineage remained unbroken, meaning there was no naturalization or voluntary renunciation along the way.
Decree-Law 36/2025 radically alters this framework.
Under the newly introduced Article 3-bis of Law 91/1992, individuals born abroad who hold another citizenship are now deemed "never to have acquired Italian citizenship" unless they meet one of the following strictly defined conditions:
- Submission of a complete citizenship recognition application, with all required documentation, to the competent consular office or municipal authority by 11:59 PM (Rome time) on March 27, 2025.
- Filing of a judicial application for citizenship recognition by 11:59 PM (Rome time) on March 27, 2025.
- Having a natural or adoptive parent born in Italy and holding Italian citizenship.
- Having a natural or adoptive parent who was an Italian citizen and resided in Italy for at least two consecutive years before the birth or adoption of the child.
- Having a grandparent (first-degree ancestor of the parents) who was an Italian citizen and born in Italy.
The decree's wording "is considered never to have acquired Italian citizenship" highlights the retroactive nature of the rule, which not only changes future regulations but also redefines past and existing legal situations.
Another controversial aspect of the decree is its application of a retroactive deadline, set for March 27, 2025 one day before the decree's publication effectively preventing those who had prepared their applications from submitting them in time.
Changes to the Burden of Proof in Judicial Proceedings
Decree-Law 36/2025 also amends the rules regarding the evidence admissible in judicial proceedings, modifying Article 19-bis of Legislative Decree 150/2011.
Key changes include:
- Testimonies and sworn statements will no longer be admissible in citizenship recognition cases.
- The burden of proof will be exclusively documentary.
- It will be the applicant's sole responsibility to demonstrate the absence of legal grounds for the denial or loss of citizenship.
These procedural modifications make it significantly more challenging to obtain citizenship recognition in cases where documentation is incomplete or contains gaps a frequent issue when dealing with records dating back several decades.
It is worth noting that prohibiting the use of testimonial evidence and sworn statements violates the right to legal defense as enshrined in the Italian Constitution.
A Temporary Decree... With Immediate Consequences as of March 28, 2025
While Decree-Law 36/2025 took immediate effect on March 29, 2025, it remains a temporary measure.
As required by Article 77 of the Constitution, the decree must be converted into law within 60 days of its publication. If Parliament does not approve the conversion law, the entire decree will expire, losing all effects, including retroactively.
Nevertheless, its consequences are already tangible: individuals who did not submit their citizenship application by March 27, 2025 one day before the decree was publicly known are now excluded.
Applications filed after March 27, 2025, will be considered legally inadmissible, even if the necessary documentation had been prepared beforehand.
This aspect is among the most contentious elements of the reform and raises significant constitutional and international legal concerns.
The Parallel Legislative Proposal: Future Developments
While Decree-Law 36/2025 has already taken effect, additional citizenship reforms will be implemented through a separate legislative proposal. Key provisions under discussion include:
- Minor children of Italian citizens (who are not automatically Italian by law) may acquire citizenship if born in Italy or after two years of residence, upon a simple declaration of intent by the parents.
- Individuals who have lost Italian citizenship may reacquire it, but only after residing in Italy for at least two years.
- Individuals with at least one grandparent who is or was an Italian citizen may obtain citizenship after three years of residence in Italy (instead of the five years required for EU citizens and ten years for non-EU nationals).
- Spouses of Italian citizens may still apply for naturalization, but only if they reside in Italy.
- Citizens born and residing abroad must maintain a tangible connection with Italy by exercising a civic right or duty (such as voting, renewing identification documents, or maintaining tax compliance) at least once every 25 years.
Potential Constitutional Violations: Why the Decree May Not Withstand Judicial Review
Legal experts, including the Boccadutri Law Firm, argue that the decree presents severe constitutional legitimacy concerns. The main issues include:
- Violation of the Principle of Equality (Article 3 of the Constitution): The decree creates an unreasonable disparity among citizens based solely on accidental factors such as birthplace or an ancestor's residence.
- Interference with Family Unity (Articles 29 and 30 of the Constitution): Restricting the transmission of citizenship by descent disrupts the legal bond between generations, impacting identity and family continuity.
- Violation of Legal Certainty and Legitimate Expectation: Many individuals have spent years collecting documentation for citizenship recognition, relying on laws that had remained unchanged for over three decades. The abrupt retroactive change, without a transition period, penalizes those who have long been engaged in the process.
- Substantive Retroactivity and Violation of the Right to Legal Defense (Article 24 of the Constitution): The decree's retroactive nature prevents individuals from submitting applications before they were even aware of the new rule, undermining their right to access justice.
As a direct consequence, Italian consulates abroad have already begun canceling long-awaited appointments.
Legal Remedies: Options for Those Excluded by the Decree
If the decree is converted into law without modifications, judicial recourse will be the only option for many affected individuals. Potential legal strategies include:
- Incidental Appeal to the Constitutional Court: The only way to challenge a law before the Constitutional Court is through an incidental appeal—filing a case before an ordinary judge, who may suspend proceedings and refer the matter for constitutional review.
- Appeal to the European Court of Human Rights: Individuals who cannot obtain relief at the national level may seek redress at the European Court of Human Rights, citing violations of the right to private and family life (Article 8 ECHR) and the principle of non-discrimination (Article 14 ECHR).
- Individual or Collective Legal Actions: Given the decree's broad impact, affecting potentially hundreds of thousands of people worldwide, both individual and class action lawsuits may be considered.
Protecting the Right to Italian Citizenship
Decree-Law 36/2025 represents one of the most radical reforms in Italian citizenship law. While aimed at tightening regulations, it raises serious legal concerns and could infringe upon the legitimate rights of thousands worldwide.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
