The Italian Prime Minister has recently issued a decree that significantly alters the rules governing Italian citizenship. Until March 28, 2025, any person with an Italian ancestor—no matter how distant—could claim Italian citizenship. Under the new Italian citizenship decree, only those whose parents or grandparents were born in Italy retain this right.
Italian citizenship law is based on the principle of jus sanguinis (“right of blood” in Latin), meaning that anyone with an Italian ancestor is considered Italian at birth and, therefore, has the right to apply for citizenship and formally claim this status. However, under the new decree, individuals who previously qualified for Italian citizenship but did not submit their application before March 28, 2025, have now lost their eligibility.
This implies that the birthright of any Italian descendant has been revoked, despite Italian law adhering to the principle that new laws cannot be applied retroactively. As a result, this raises concerns about judicial security in Italy and casts doubt on the validity of the new decree.
One key clarification in the decree is that individuals who have already obtained Italian citizenship are not at risk of losing it. However, those who were still in the process of gathering documents and applying now face significant legal uncertainty.
The Government’s justification and the decree’s controversies
The Italian government has justified the urgency of this decree by citing the overwhelming backlog of applications at comuni (municipal offices) and consulates worldwide. Officials argue that these institutions have struggled to process applications effectively, leading to delays that can last for years. The decree aims to limit the number of eligible applicants, thereby alleviating bureaucratic strain.
However, the inability of public institutions to process applications efficiently is not a valid justification for restricting a fundamental right. Citizenship by jus sanguinis has existed for decades, and applicants have a legal right to have their cases processed.
Additionally, legal experts believe the decree oversteps executive authority. They argue that such a fundamental change to citizenship law should have been debated and enacted by the legislative branch rather than unilaterally imposed by the Prime Minister.
After the decree is issued, the Italian Parliament has 60 days to review it and determine its future. Lawmakers can either:
- Reject the decree entirely.
- Approve it with modifications.
- Approve it in its entirety without changes.
Initially, expectations leaned toward approval, as the majority of Parliament is aligned with the executive branch. However, opposition from certain lawmakers has introduced uncertainty into the process. The debate surrounding the decree has sparked concerns about the government’s decision-making process and whether such a restrictive measure is justified.
Since no definitive outcome has been reached, affected applicants and legal experts must monitor Parliament’s decision carefully.
If the decree is approved, legal action will likely be taken to challenge its constitutionality. In Italy, constitutional challenges are handled by the Constitutional Court (Corte Costituzionale), while other judicial matters may be reviewed by the Court of Cassation (Corte di Cassazione).
Given the previously outlined arguments regarding retroactive application and executive overreach, we anticipate that the court will be inclined to reject the decree. However, this outcome remains uncertain, and a definitive ruling cannot be guaranteed.
Impact on io.citizen clients
For individuals currently seeking Italian citizenship, the decree presents several challenges.
- The decree does not impact applicants who submitted their paperwork before March 28, 2025. However, those who were still in the process of collecting documents or preparing their files will face ineligibility due to the new eligibility criteria.
- io.citizen is now reviewing pending cases and advising clients individually regarding risks, legal challenges, and potential next steps.
- io.citizen offers contract rescission for our clients who are no longer eligible under the new law.
- io.citizen will now limit their services exclusively to individuals with direct parental or grandparental lineage.
The newly issued decree represents a significant shift in Italian citizenship law, restricting access to jus sanguinis and removing eligibility for many descendants of Italian ancestry.
Parliament’s review of the decree will determine its long-term impact. Should the decree be upheld, legal challenges in the Constitutional Court will likely follow, with experts hopeful that judicial intervention could overturn the restrictions.
