New Parameters for Italian Citizenship by Descent

With the Legislative Decree of 28 March 2025, n. 36, the Government introduced new and urgent provisions with effect from 29.3.2025 relating to Italian citizenship by descent.

These changes directly affected

1. the Civil Code approved by Royal Decree of 25 June 1865, n. 2358, and in particular Articles 4 to 15;

2. Law of 13 June 1912, n. 555, containing provisions «On Italian citizenship»;

3. Law of 21 April 1983, n. 123, containing «Provisions on citizenship»;

4. Law of 5 February 1992, n. 91, containing «New provisions on citizenship»;

5. and also the legislative decree of 1 September 2011, n. 150, containing «Supplementary provisions to the code of civil procedure regarding the reduction and simplification of civil proceedings of cognition, pursuant to article 54 of law 18 June 2009, n. 69» and in particular article 19-bis;

The decree was presented by the Government as necessary to resolve urgent issues, and inserted into a broader scheme that will concern the future of Italian Citizenship's Law. This vision that mainly takes into account the finances of Italy, more than the rights of the people. In order for the Decree to be converted into Law, it must be approved by Parliament within 60 days.

Those who have already obtained citizenship and those who, before 27 March 2025, have already started an administrative or judicial citizenship procedure will not be affected by the new rules, the previous legislation will be applied to them.

With the above mentioned decree, in law n.91 of 5 February 1992, it has been introduced, after art.3, art 3-bis by way of derogation of articles 1, 2, 3, 14 and 20 of this law, article 5 of law 21 April 1983, n. 123, articles 1, 2, 7, 10, 12 and 19 of law 13 June 1912, n. 555, as well as articles 4, 5, 7, 8 and 9 of the civil code approved by royal decree 25 June 1865, n. 2358. This article identifies the new criteria for the transmission of citizenship by descent. In accordance to this, it is established that is Italian anyone born abroad who has:

1. an Italian citizen parent, born in Italy;

2. an Italian citizen parent, born abroad, but who has been resident in Italy for at least two consecutive years before the date of birth or adoption of the child;

3. an Italian citizen grandparent, born in Italy.

This new section therefore significantly reduces the parameters for requesting citizenship ius sanguinis. In consideration of the principles of law established so far by case law, the vision adopted by the current government seems to be too restrictive. It is certain that a possible dispute to the new parameters, in the context of law, can be argued, and certainly will be, before the superior courts of justice.

This decree then also modified article 19-bis of the legislative decree of 1 September 2011, n. 150, adding paragraph 2 bis and 2 ter, and therefore introducing additional evidentiary duties, which were previously the responsibility of the defendants, towards the plaintiffs, therefore towards those who judicially request recognition of citizenship by descent.

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