Fabrizio Di Michele, Consul General of Italy in New York, verbalized what until then was only suspected among millions of descendants of Italians around the world: the Italian government approved, deliberately and abruptly, the decree that restricts the recognition of citizenship swear sanguinis to contain the high demand.
O decree-law no. 36/2025, approved by the Chamber of Deputies on May 20, came into effect on the same day it was issued, March 28, without any transition period. Commenting on the measure, Consul Fabrizio Di Michele stated: “It was the only way to do it. Because if they announced it earlier, millions would be running after citizenship at the same time,” he told ItalianAmerican PodCast, this Tuesday (3).
The option to violate the law
The consul's justification does not soften the gravity of the decision. By admitting that the measure was taken to prevent the collapse of the consular system, Di Michele acknowledged that legal certainty — a principle that guarantees stability and trust in the rules — was consciously violated.
“It seems unfair to those who were waiting, but it was necessary because the situation became unsustainable,” he said in an interview. In other words, it was a political choice in the name of practicality.
The new law will now be reviewed by the European Union's courts. And there are European precedents that strengthen the defense of descendants.
- New legal front opened
- Processes can still be filed.
- Individual analysis of your case.
The statement makes the nature of the decision clear: it was not a technical or debated change, but a sudden cut with a direct impact on those who had been waiting for citizenship recognition for years.
The impact on those who waited
Thousands of people who had already invested in documents and translations were surprised. “Some had been waiting for years to get a job, spending money to gather the documents, and suddenly they hear: – ok, the rules have changed, sorry –”, added the consul.
The speech, although demonstrating empathy, reinforces the measure's lack of preparation and dialogue. Legal experts heard by Italianism point out the absence of a vacatio legis — minimum time between the enactment and the entry into force of the law — as a serious factor.
An institutional breakdown
For Daniel Taddone, advisor to the CGIE (General Council of Italians Abroad), Di Michele's speech confirms that the decree was planned in secret. "It is absolutely understandable that Italian diplomats now need to juggle rhetoric to defend the indefensible," he said.
According to him, the change violated constitutional principles. “Suddenly modifying a law without any transitional period is an affront to legal certainty. No administrative convenience can justify this,” he said.
Taddone cited the Italian Constitutional Court’s Ruling 216/2015, which has already declared decrees with immediate effect to be unconstitutional. He also recalled that the principle of legal certainty is recognized by European Union law.
“We cannot forget that the idea of 'certainty of law' is also a general principle of European Union law and its protection has been reaffirmed several times by the Court of Justice of the European Union”, he concluded.
Click on the image below to watch the consul's speech:
