The concept of Italian citizenship has evolved significantly over the years, reflecting the country’s complex political history and social changes.
Today, Italian citizenship is highly sought after by many foreigners, not only because of the cultural and historical heritage it offers but also due to the various rights and privileges it provides within the European Union. Understanding the history of Italian citizenship gives us insight into the legislative and societal shifts that have shaped the current laws.
This article delves into the major milestones in the evolution of Italian citizenship, highlighting key dates, laws, and their implications.
Italian unification (1861)
The unification of Italy, also known as the Risorgimento, was a pivotal moment in the country’s history. Before 1961, Italy was a collection of fragmented states and kingdoms.
The unification process was spearheaded by figures like Giuseppe Garibaldi, Count Camillo di Cavour, and King Victor Emmanuel II. The establishment of the Kingdom of Italy in 1861 marked the beginning of a unified national identity. This unification also laid the groundwork for a centralized legal framework, including the concept of Italian citizenship.
With the unification, the residents of the various states and territories that became part of the Kingdom of Italy were recognized as Italian citizens. This marked the first step towards a cohesive national citizenship policy.
Law on Italian citizenship (1912)
The first comprehensive law on Italian citizenship was enacted in 1912. This law was significant because it laid down the criteria for acquiring and losing Italian citizenship. The 1912 law established the principle of jus sanguinis, meaning citizenship was primarily based on descent.
This meant that children born to Italian parents, regardless of their place of birth, were entitled to Italian citizenship. The law also addressed naturalization and the conditions under which foreigners could acquire Italian citizenship.
Additionally, it introduced provisions for women to gain or lose citizenship based on their marital status, a reflection of the gender norms of the time. The 1912 law was a crucial step in formalizing the concept of Italian citizenship and set the foundation for future legislation.
Annexation of northern territories (1920)
In the aftermath of World War I, Italy gained control over certain northern territories that were previously part of the Austro-Hungarian Empire. This included regions such as Trentino, Alto Adige/Südtirol, Friuli-Venezia Giulia, and Belluno. The annexation of these territories was formalized around 1920, and the local residents of these areas legally became Italian citizens.
However, this transition was not without complexities. Law no. 379, enacted on December 14, 2000, clarified that individuals whose ancestors were born and resided in these territories but emigrated before July 16, 1920, could not claim Italian citizenship through descent.
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The Italian republic and women’s right to pass citizenship (1948)
The establishment of the Italian Republic in 1946, following the fall of the fascist regime and the end of World War II, brought significant changes to the country’s legal and social framework.
One of the most notable changes in citizenship law during this period was the enactment of the Italian Constitution on January 1st, 1948. This date also symbolizes the “deadline” by which your female Italian ancestor must have given birth to the next in line.
In 1983, the Consiglio di Stato ruled out a provision from the 1912 law that allowed citizenship to be inherited only through a male lineage. This means that if your oldest Italian ancestor was a woman who gave birth to the next in line before 1948, you are entitled to Italian citizenship.
Change in age of majority (1975)
Another significant milestone in the history of Italian citizenship was the change in the age of majority from 21 to 18 years in 1975. This legislative change was part of a broader reform of the Italian legal system aimed at aligning with contemporary social norms and international standards.
The reduction in the age of majority had several implications for citizenship. It meant that individuals could exercise their full rights and responsibilities as citizens at a younger age, including the right to vote, which had a direct impact on political participation and civic engagement.
The change also affected legal procedures related to citizenship, such as the ability to independently apply for naturalization.
Italy Allows Dual Citizenship (1992)
The 1992 reforms in Italian citizenship law were transformative. Italy began to allow dual citizenship, recognizing the growing interconnectedness of the world and the need for flexible citizenship arrangements. This change meant that individuals could hold Italian citizenship alongside another nationality without having to renounce their original citizenship.
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Granting of Citizenship to Former Austro-Hungarian Empire (2000)
Law no. 379 of December 14, 2000, also addressed the issue of citizenship for individuals from former Austro-Hungarian territories annexed by Italy in the early 20th century.
This law allowed descendants of these individuals to apply for Italian citizenship, provided they could prove their ancestors’ residence in these territories at the relevant time. However, those whose ancestors emigrated before July 16, 1920, were excluded from this provision.
This law aimed to rectify historical injustices and acknowledge the complex heritage of those regions.
Istria, Fiume, and Dalmatia (2006)
In 2006, Italy passed legislation recognizing the rights of individuals from the regions of Istria, Fiume, and Dalmatia, which had been ceded to Yugoslavia after World War II. The law allowed descendants of Italian nationals from these regions who had their properties confiscated to apply for Italian citizenship.
This recognition was a significant step in addressing the historical grievances of the Italian communities displaced from these areas and provided a legal pathway for their descendants to reconnect with their Italian heritage.
Decreto di Sicurezza (2018)
The Decreto di Sicurezza, or Security Decree, introduced in 2018, brought significant changes to Italy’s immigration and citizenship policies. The decree tightened the requirements for obtaining Italian citizenship, particularly for immigrants. Now, Italian spouses are required to present a B1 level of Italian language proficiency.
Additionally, it changed the time required for Italian authorities to process your application. It used to take 2 years, but, as of 2018, it takes 4 years.
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Decree-Law No. 36/2025 – contemporary restrictions
On March 28, 2025, Italy enacted Decree-Law No. 36/2025, introducing major restrictions on jus sanguinis citizenship. Historically, Italian citizenship recognition had no generational limits, allowing great-grandchildren and further descendants to apply.
However, the new law limits eligibility to individuals whose parent(s) or grandparent(s) were born in Italy. If an individual’s parents, but not grandparents, resided in Italy for at least two years, they may also qualify for citizenship under the eligibility criteria.
This law was 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.
The approval of Law No. 74 of May 23, 2025, solidified the new limitations proposed by Decree–Law No. 36/2025, sparking intense legal and political debates. Critics argue that these reforms violate constitutional principles, particularly Article 3 (equality) and Article 25 (retroactivity) of the Italian Constitution.
Affected applicants may seek judicial recourse, either through the Italian Constitutional Court or the European Court of Human Rights.
Overview
The history of Italian citizenship is a testament to the country’s dynamic political and social transformations. From the unification in 1861 to the modern-day complexities of dual citizenship and stringent immigration policies, each legislative change reflects broader societal shifts and international influences.
These laws have shaped what it means to be an Italian citizen, balancing the preservation of national identity with the challenges of globalization. Understanding these historical milestones not only provides insight into Italy’s past but also sheds light on the evolving nature of citizenship in a globalized world.
As more foreigners seek Italian citizenship, the relevance of these laws continues to grow, highlighting the enduring significance of Italy’s legal heritage.If you choose to apply for Italian citizenship, consider seeking expert assistance, such as io.citizen. Our team of experts is ready to make your dream of Italian citizenship come true. Contact us today!
