italian-citizenship-laws-history
The concept of Italian citizenship emerged with the unification of Italy in 1861. Before this, Italy was fragmented into multiple states, each with its own legal traditions and identity. The Law of March 17, 1861, proclaimed the Kingdom of Italy, laying the foundation for a unified national identity. However, formal citizenship laws were still undefined.
Decree-Law No. 36/2025 approved and the new rules for Italian citizenship: Photo of the Italian parlament
On May 20, 2025, the Chamber of Deputies approved Decree-Law No. 36/2025, now law No. 74 of May 23, 2025, with 137 votes in favor and 83 against, finalizing the proposal introduced in March by the coalition led by Giorgia Meloni, which was previously passed by the Senate on May 15.
From North to South - the best places to live in Italy: Photo of a church near the Dolomites, in the Italian alps
Italy is a country steeped in cultural heritage, boasting stunning landscapes and a deep historical legacy. Divided into regions, provinces, municipalities, and metropolitan cities, each area offers a distinct lifestyle and unique experiences. In this exploration, we’ll uncover the best places to live, considering factors like culture, economy, and quality of life.
Legal arguments for Italian citizenship by descent under decree-law 36/2025: Photo of man walking through a historical building in Italy
Decree-Law 36/2025 has significantly restricted Italian citizenship by descent, allowing recognition only for children and grandchildren of Italians, while excluding great-grandchildren and further descendants. This change has sparked legal and constitutional debates.
The role of Italy's regions in shaping national identity: Photo of an historical building in Rome
Italy is renowned for its rich regional diversity, which has deeply influenced its national identity throughout history. From distinct dialects and culinary traditions to varied economic models, each region has contributed uniquely to Italy’s character.
decree-law-citizenship-impact
On May 15, 2025, the Italian Senate approved Decree-Law No. 36/2025, a legislative measure that restricts the recognition of Italian citizenship by descent (jus sanguinis). The measure has sparked intense debate, with critics raising concerns about its constitutional validity, retroactive effects, and potential discrimination.
Jus sanguinis:
Summary

The Jus Sanguinis principle, derived from Latin, translates to “right of blood.” Under this principle, an individual acquires citizenship based on their ancestral lineage. In other words, if you have ancestors from a foreign country, you may be eligible for another citizenship.

On the other hand, Jus Solis, which means “right of soil,” grants citizenship based solely on the place of birth. For instance, the United States and Canada follow jus solis, automatically granting citizenship to anyone born within their territories.

Jus Sanguinis in Italy

Jus sanguinis citizenship is established through blood ties. As of March 28, 2025, this means that one must have an Italian parent or grandparent who was born in Italy. However, an exception applies if a parent legally resided in Italy for at least two years before their child’s birth or adoption. Applicants must prove that their Italian relative held citizenship exclusively at the time of death. 

For more information about Italian citizenship requirements, click on this link.

The current legislation of jus sanguinis

On March 28, 2025, Italy enacted Decree-Law No. 36/2025, introducing major restrictions on jus sanguinis citizenship. The approval of Law No. 74 of May 23, 2025, solidified the new limitations proposed by Decree–Law No. 36/2025. Historically, Italian citizenship recognition had no generational limits, allowing great-grandchildren and further descendants to apply.

The new law restricts eligibility to individuals whose Italian parent(s) or grandparent(s) were born in Italy. If an individual’s parents—but not grandparents—resided in Italy for at least two consecutive years, they may still qualify for citizenship under the eligibility criteria. Additionally, the Italian ancestor must have held Italian citizenship exclusively at the time of their death. This means that if your Italian parent or grandparent naturalized as a citizen of another country, you would no longer be eligible for Italian citizenship.

This law is controversial, as it retroactively regulates past nationality claims, contradicting established legal principles that laws should only govern future events. In fact, the Italian Constitutional Court has ruled in past cases that retroactive restrictions must be proportionate and reasonable.

This suggests that, in the near future, applicants may increasingly turn to the judicial route to challenge unconstitutional changes in citizenship law. For further updates and insights, follow our channels to stay informed.

Here is summary of all the information:

  • Jus Sanguinis, also known as “right of blood,” grants citizenship for those with Italian parents or grandparents born in Italy.
     
  • An exception applies if a parent legally resided in Italy for at least two years before their child’s birth or adoption.
     
  • If you have Italian parents or grandparents, you may be eligible for Italian citizenship by descent (jus sanguinis). To qualify, you must prove that your Italian ancestor held citizenship exclusively at the time of their death.
     
  • Children (or grandchildren) of Italian women who married foreigners and were born before January 1, 1948, do not have the right to recognition. However, there have been successful court trials in favor of those requiring Italian citizenship.
     

For minor children, Italian parents born outside Italy must declare their intent to transmit citizenship to their child within one year of birth or adoption. If this declaration is not made, the child may still apply for citizenship, provided they reside in Italy for at least two continuous years.

Important: As of June 2025, the judicial route is the only available option for obtaining Italian citizenship. While all administrative applications will be centralized within a new governmental body in Italy, the specific procedures and operational framework have yet to be determined.

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Jus Solis in Italy

Italy does not recognize citizenship through Jus Soli. However, individuals born in Italy to non-Italian parents have the option to decide if they want to become Italian citizens. They have one year to make this decision upon turning 18, provided they have lived in Italy since birth.

Additionally, if someone relocated abroad before turning 18, they can acquire Italian citizenship by returning to Italy for three years. Meeting residency requirements and demonstrating certified Italian language proficiency (at least B1 level) are essential for this process.

There is only one specific case in which Jus Soli applies in Italy. If a child is born in Italy with no known parents and without recognized citizenship, they have the right to Italian citizenship through jus soli.

Begin your journey to Italian citizenship

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Navigating Italian citizenship: understanding your options

Jus Sanguinis ties citizenship to ancestry. However, recent legislative changes have introduced stricter eligibility requirements, limiting recognition to second-generation descendants and enforcing exclusive citizenship conditions for applicants. Despite these restrictions, individuals affected by gender-based limitations or retroactive policies may still pursue legal challenges to secure their citizenship rights.

For those navigating the complexities of Italian nationality laws, understanding available legal routes is essential. Whether tracing your family lineage or pursuing judicial recognition, staying informed will help you make the right decisions. In addition, seeking expert assistance can streamline the process and help ensure compliance with evolving regulations.

Begin your journey to Italian citizenship

Take advantage of specialized assistance to secure your passport for a borderless future.