Law No 91 of 1992 sets out the rules governing Italian citizenship. In force since 16 August 1992, the law allows individuals to hold more than one citizenship. Article 1 of Law No 91/92 states that citizenship by birth is acquired by a person born to an Italian mother or father. This confirms the ius sanguinis principle — already present in the previous legislation — as the cornerstone for acquiring citizenship, while ius soli remains a residual and exceptional basis. Under this framework, Italian citizenship may be recognised iure sanguinis where descent from an Italian citizen is established and there are no interruptions in the transmission of citizenship, as regulated by the various laws in force over time. Italian citizenship is transmitted from father to child without any generational limits. This method of acquisition was recently revised by Decree-Law No 36/2025, which entered into force on 29 March 2025. The decree forms part of a broader package of measures aimed at tightening the rules on access to Italian citizenship for descendants residing abroad.

 

Prior to the entry into force of this Decree-Law, individuals born abroad could apply for recognition of Italian citizenship without any temporal or generational limits and without the need to demonstrate a genuine connection with the Italian Republic. In practice, applicants could apply either through the paternal or maternal line, by addressing a consulate (only for the paternal line) or by initiating judicial proceedings, provided they could prove continuity in citizenship transmission and the absence of any interruption, such as naturalisation of the ancestor.

 

The Decree-Law has inserted a new Article 3-bis into Law No 91/1992, stating that persons born abroad who hold another nationality are deemed never to have acquired Italian citizenship, even if born before the entry into force of the Decree. This provision therefore has retroactive effect. However, exceptions are made in the following cases:

 

These new requirements introduce kinship-based limits and may retroactively affect rights that have already arisen. Nonetheless, the previous legislation continues to apply to disputes and proceedings that were already pending prior to the entry into force of the Decree-Law.

 

Moreover, Article 19-bis of Legislative Decree No 150/2011 (“Complementary provisions to the Code of Civil Procedure on the streamlining and simplification of civil proceedings”) has been amended, with the new heading: “Disputes concerning the determination of statelessness and Italian citizenship”. In such proceedings, oaths and witness evidence are no longer permitted. The burden of proof has also been reversed: it is now up to the applicant to demonstrate, by means of suitable documentation, that there are no grounds preventing the acquisition or retention of citizenship. This has resulted in a so-called diabolical proof, making it substantially more burdensome to prove uninterrupted intergenerational transmission of Italian citizenship.

 

There is also a draft bill currently under discussion, aiming to reform the entire framework of citizenship law. It introduces an additional requirement: maintaining a genuine and continuous connection with Italy, demonstrated by the exercise of civic rights or duties (e.g. voting, renewing a passport, updating an identity card) at least once every twenty-five years. The bill also seeks to reform procedures by transferring jurisdiction over recognition of citizenship from consulates to a special office within the Ministry of Foreign Affairs, with the aim of speeding up processes and preventing an uncontrolled influx of applications.

 

The abovementioned changes have been justified on several grounds, although they remain subject to criticism. According to the recitals of Decree-Law No 36/2025, the growing number of potential Italian citizens residing abroad — often holding multiple nationalities and lacking genuine ties with the Republic — is regarded as a real and present threat to national and European security. The Decree therefore identifies as urgent and extraordinary the need to abolish the automatic transmission of citizenship and to subject it to more selective and restrictive criteria, including the existence of a tangible link with the country. The underlying idea is that citizenship should be understood not as a hereditary status but as a cultural relationship, expressed through active engagement with the public sphere — not simply a tool for obtaining benefits.

 

The text of the Decree-Law, by invoking the principle of proportionality, provides that persons born and residing abroad who have already been granted citizenship shall retain it, thus avoiding retroactive effects. Furthermore, in light of the balance between Articles 1 and 3 of the Constitution, the decree makes clear that such restrictions apply only to future recognitions. This approach aims to avoid the arbitrary application of different criteria based on accidental factors such as place of birth, rather than the effective exercise of the rights and duties associated with citizenship.

 

Nevertheless, several critical issues remain. Firstly, the retroactive effects of the new rules could infringe the legitimate expectations of individuals who, under the previous legal framework, would have been considered Italian citizens. Secondly, the principle of substantive equality could be violated, as individuals with the same family origins may receive different treatment solely based on temporal circumstances. From the perspective of EU law, the new legal framework may be at odds with the principles of proportionality and non-discrimination. Given that Italian citizenship entails EU citizenship, the result may be an erosion of rights such as freedom of movement and residence. Consequently, many individuals — including the children and grandchildren of Italian emigrants — may be denied citizenship, which would otherwise serve as a recognition of their national identity.

 

At present, the conversion process of the Decree-Law is ongoing. It remains to be seen whether Parliament will uphold this restrictive approach to citizenship by descent or will introduce amendments or safeguards. The Constitutional Court will play a key role in identifying any profiles of unconstitutionality, either in the previous legislation or in the new rules, where they may conflict with the fundamental principles of the legal order, and in providing interpretative guidance.

 

Authors: Avv. Daniela Di Palma e Federica Fanesi