Italy Adopts Decree Restricting Citizenship by Descent

Marco Mesina
Milan

On 28 March 2025, the Italian government adopted Decree-Law No. 36, introducing urgent measures concerning Italian citizenship. This legislative intervention marks a radical turning point in the longstanding ius sanguinis system—the right to citizenship by descent.

Until now, foreign-born descendants of Italian citizens could claim Italian citizenship without generational limits and without needing to demonstrate any actual connection to the Republic of Italy. This flexible approach has led to estimates that over 80 million people worldwide could potentially qualify for Italian citizenship.

The government has now sharply curtailed that model. Under the new rules, citizenship by descent is no longer guaranteed indefinitely across generations. The decree limits the automatic recognition of citizenship to only two generations: A person born abroad will be considered an Italian citizen by birth only if at least one parent or grandparent was born in Italy.

Otherwise, the individual is no longer presumed to have ever acquired Italian citizenship unless he can meet certain conditions (see below).

Furthermore, for the first time, citizenship is now conditioned on maintaining a genuine connection to the country. Simply having an Italian ancestor is no longer sufficient.

The reform introduces the principle of an “effective bond” (vincolo effettivo) between the individual and the Italian state, aligning Italy with an approach that several other EU countries have already adopted. The bond requires tangible elements such as recent residence in Italy or direct parental ties with the territory.

In simple terms, Italy no longer allows foreign-born descendants of Italian emigrants to inherit citizenship automatically unless they can prove a real and recent link to the country.

The new Article 3-bis of Law 91/1992 outlines specific exceptions to the new restriction:

• Authorities formally recognized citizenship (either judicially or administratively) by 11:59 PM (Rome time) on 27 March 2025
• The applicant has at least one parent born in Italy
• The applicant has a parent who resided continuously in Italy for at least two years prior to their birth or adoption
• An ascendant of the first degree of the applicant’s parents or adoptive parents was born in Italy.

This means that applicants whose Italian ancestry traces back to great-grandparents or beyond and who lack any recent family ties or residence in Italy will no longer qualify under the automatic ius sanguinis framework.

While the decree emphasizes two generations, descendants who are born abroad beyond this generational gap could still qualify if they establish genuine links through the citizenship or residency of parents and citizenship of grandparents. Those born in Italy do not face these restrictions.

The reform also tightens evidentiary standards in citizenship cases. In court proceedings, applicants can no longer rely on sworn statements or testimonies. Instead, they must provide full documentary proof and bear the burden of demonstrating the absence of any legal obstacles to the acquisition of citizenship.

You can read more about EU citizenship by descent policies on our dedicated page here.

Why did the Italian government adopt these changes?

The preamble of the decree clearly states the rationale behind it. The government highlights that, since national reunification, interpretations of citizenship law have allowed individuals born abroad to claim Italian citizenship without generational limits or any obligation to maintain ties with the Republic.

This has led to a continuously growing pool of potential Italian citizens residing outside of Italy, many of whom also hold other nationalities and maintain stronger cultural, legal, and emotional ties to other countries.

The government warns that the absence of any "genuine link" to Italy among this population poses a real and current risk to national security, particularly considering Italy's EU membership and participation in the Schengen Area. Citizenship entails not just a legal status but also access to fundamental rights and privileges within the European Union.

Therefore, the decree aims to prevent an uncontrolled increase in applications that could overwhelm the functionality of consular offices, municipalities, and courts. At the same time, it seeks to align Italy's citizenship rules with those of other European countries, which typically require stronger links with the national territory.

This decree may be one of other marked citizenship law changes in the country, as in February, Italy approved a referendum to halve naturalization time.

What are the immediate consequences?

As of 28 March 2025, authorities will only assess requests that applicants have already fully documented or judicially filed before the deadline under the previous rules. All future requests must comply with the new criteria. This will likely drastically reduce the number of eligible applicants.

Those born abroad with distant Italian ancestry but without parents or grandparents born in Italy will no longer qualify automatically for citizenship. Only those with documented and recent ties to the Republic will be able to apply.

A political and legal turning point

Decree-Law No. 36/2025 marks a historic and political shift in Italy's approach to citizenship. It seeks to balance the symbolic and legal value of Italian ancestry with the necessity of ensuring a real connection to the Italian state.

The measure will certainly reduce the number of future citizenship claims and discourage speculative or opportunistic applications based solely on ancestral ties. It also signals a broader policy trend; one that prioritizes national security, administrative functionality, and alignment with European standards over unlimited transmission of citizenship by blood.

Ultimately, the message is clear: From now on, being of Italian descent is no longer enough to be Italian in law. A tangible, living connection with Italy is now the base.

It is important to note that the government introduced this reform by decree-law (decreto-legge), which means it has immediate legal effect. The Italian Parliament now has 60 days to convert the decree into law, amend it, or reject it. However, considering the political backing and the parallel draft bill already approved by the Council of Ministers, the Parliament will likely confirm the decree in full, with only marginal room for amendments.