For more than a century, Italian citizenship law was defined by an expansive interpretation of jus sanguinis, the principle that nationality is transmitted through bloodline rather than birthplace. From the unification of Italy in 1861 until the reforms of 2025, descendants of Italian emigrants—no matter how many generations apart—could seek recognition of their citizenship as long as they proved an unbroken line of descent. This framework allowed millions of people worldwide, particularly in the Americas, to reclaim their Italian identity through their great‑grandparents, great‑great‑grandparents, and even earlier ancestors. The system functioned without generational limits, creating one of the most inclusive descent‑based citizenship models in the world.
This historical approach changed dramatically with the introduction of Decree‑Law No. 36/2025, later converted into Law 74/2025, widely known as the Tajani Decree. The reform marked a turning point in Italian nationality law, narrowing eligibility and redefining the criteria for recognition. Understanding this shift requires examining both the legal tradition that preceded it and the new restrictions now in force.
The historical model: unlimited generations
Under the traditional system, Italian citizenship passed automatically from parent to child, regardless of how many generations had elapsed since the family left Italy. Applicants seeking recognition—often descendants of emigrants from the late 19th and early 20th centuries—needed only to demonstrate that no ancestor in their direct line had renounced Italian citizenship before the birth of the next generation. This made Italian citizenship by descent for great‑great‑grandparents a viable and widely used pathway.
The 2025 Reform: Decree‑Law No. 36/2025 and Law 74/2025
The 2025 reform introduced several structural changes to the citizenship system. The government argued that the previous model had become unsustainable, citing administrative overload, long consular waiting lists, and concerns about “passport commercialization.” The new law introduced the following requirements:
- A generational limit for recognition (children and grandchildren).
- The Italian ancestor must have been born in Italy and held exclusive Italian citizenship at the time of death or at the descendant’s birth.
- A narrow exception based on two years of residence in Italy, in case the Italian ancestor has not been born in Italy.
The most impactful change is the restriction of recognition to children and grandchildren of Italian citizens. This means that descendants beyond the second degree—such as great‑grandchildren, great‑great‑grandchildren, and earlier generations—are no longer eligible.
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Judicial Challenges and the Constitutional Court’s Position
The reform faced immediate legal challenges in courts across Italy, including Rome and Milan. Critics argued that the new rules violated constitutional principles of equality and non‑retroactivity. However, in July 2025, the Constitutional Court upheld the reform, affirming that Parliament has the authority to define the boundaries of citizenship. The Court’s decision confirmed the validity of the new restrictions and reinforced the legislative intent behind the reform.
What applicants with ongoing cases should do
Applicants who already had cases in progress before the reform may continue under transitional rules, depending on the stage of their process. There have been successful judicial cases, but they remain exceptional and are not considered definitive. Others may need to reassess their eligibility under the new framework.
For families in the United States with deep Italian lineage, the changes that took effect on May 24, 2025 represent a significant shift. What was once a broad, generationally unlimited right has become a more narrowly defined legal pathway.
FAQ
What changes for great‑great‑grandchildren under the 2025 law?
They are no longer eligible.
How does the exclusive‑citizenship rule affect my case?
If your ancestor naturalized abroad before the next generation was born, the transmission of citizenship is considered interrupted.
Is citizenship through great‑great‑grandparents still possible?
Only in rare cases involving documented two‑year residence in Italy by the ancestor.