The Italian Council of Ministers approved, on Friday, 28th, a decree amending the rules for the recognition of Italian citizenship. The measure, called the “citizenship package”, was drawn up by the Ministry of Foreign Affairs and came into effect at midnight on March 27.
According to the announcement, only children and grandchildren of Italians born abroad will have automatic citizenship rights. The rule does not affect those who have already been granted citizenship or applications initiated before the new cut-off date.
The content of the decree – presented verbally by Deputy Prime Minister and Minister of Foreign Affairs, Antonio Tajani – still needs to be converted into law by Parliament within 60 days. The second phase of the reform foresees that descendants residing outside Italy must maintain an active link with the country every 25 years, such as voting or requesting passport.
The measure provoked immediate reactions. Legal experts and representatives of the Italian community abroad pointed out illegalities and criticized the lack of public debate. According to them, there is no justification of urgency that legitimizes the use of a decree-law.
Criticism has gained momentum following a recent ruling by Italy's Constitutional Court, which declared part of Decree Law 51/2023 unconstitutional for lack of urgency. The Court reiterated that this type of instrument is only valid in exceptional situations, such as pandemics or armed conflicts, and that the rules included must be consistent with the purpose of the decree.
Italian case law establishes that the urgency must be concrete and proven, with coherence between the proposed measures. When this does not occur, it constitutes abuse of legislative power by the Executive.
In view of this, the so-called “political spectacle” of Antonio Tajani – president of Silvio Berlusconi’s Forza Italia party – runs the risk of being invalidated by the Court of Cassation, if the improper use of the emergency route is confirmed.
Furthermore, Italy's High Courts have already demonstrated their commitment to the principle of non-retroactivity of the law: the right to citizenship is governed by the rule in force on the person's date of birth, not by the rule in force at the time of the application.
The reform also responds to internal pressures. Mayors of small municipalities reported that local registry offices are overwhelmed by the growing demand for citizenship recognition. Consulates and judges have pointed out structural limitations in dealing with the volume of requests. Tajani's political movement this Friday seems to have as its main purpose to satisfy his own support base.
But without solid legal backing, however, the package risks being nullified.
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