A Câmara dos Deputados from Italy approved this Tuesday (20) decree-law nº 36/2025, which restricts the recognition of Italian citizenship swear sanguinis (by blood). The text, which is now Law, had already passed the Senate and now goes to the president for sanction Sergio Mattarella.
The measure was approved with 137 votes in favor and 83 against. (220 voters). The government led by Giorgia Meloni secured the majority in the vote.
The decree is considered a milestone in the dismantling of the broad recognition of Italian citizenship by descent abroad. The new rule excludes great-grandchildren and subsequent generations from the automatic right, even if they descend from Italian citizens.
“Tajani Law”: changes and criticisms
nicknamed “Tajani Law”, in reference to Italian Deputy Prime Minister Antonio Tajani, the rule generated strong opposition throughout these almost 60 days of processing. Jurists and opposition parliamentarians denounced the violation of constitutional principles and consolidated jurisprudence in the country.
The rule restricts the right only to children and grandchildren of Italians who do not have another citizenship and requires proof of an effective link with Italy.
During the debates in the Chamber, the deputy Fabio Porta, elected by South America, made a strong appeal to his fellow parliamentarians, asking for the text to be rejected.
“It is our responsibility to ensure that all legislative interventions respect the fundamental principles of our legal system,” he said. “We ask this Parliament to reflect carefully on these issues and to accept our preliminary objection, in order to begin a path of revision that can truly protect Italian citizens — and not to enact into law a decree that presents clear signs of unconstitutionality, incompatibility with European legislation, and that risks producing discrimination, generating cases of statelessness and exposing Italy to criticism and appeals at European and international level.”
In an impassioned speech in the plenary, one of the parliamentarians opposed to the decree, Porta, warned of the symbolic and practical consequences of the new legislation:
“Diplomats came to this palace to tell me: a serious country, which wants to eliminate shortcuts and combat bad behavior — which also exists in the field of citizenship — makes laws, establishes measures, punishes those responsible and combats corruption. But you don't throw the baby out with the bathwater".
The parliamentarian concluded with a direct message to the government base:
"Shame on you. You are breaking a deep, historic bond., between Italy and millions of its children abroad.”
Central changes of the new law
The main points of the legislation include:
- A Italian citizenship will only be recognized up to the second degree of descent;
– The Italian ascendant must have legally resided in Italy for at least two years before the birth or adoption of the child or grandchild;
– Candidates must prove real ties to Italy.
Article 3-bis, considered the most controversial, defines that people born abroad with another citizenship will be seen as never having acquired the Italian citizenship, with exceptions.
According to legal experts, the measure violates the principle of non-retroactivity of laws.
Judicialization is a likely path
Experts say the new rule is likely to spark a wave of lawsuits in Italy. Opposition lawmakers have already warned that the rule is unconstitutional and hope the case will reach the Constitutional Court.
With the new rule, grandchildren and great-grandchildren who did not start the process by March 27, 2025 will have their administrative path closed. – in the commune or in the consulate. In these cases, the judicial route becomes the only alternative.
Lawyers point out that, based on previous decisions and the historical understanding of Italian citizenship, there is a chance of success in court — especially when there is a violation of already acquired rights.
“Access to justice is a supreme principle, guaranteed by Article 24 of the Italian Constitution. No act of the legislative or executive power can take it away,” says lawyer Andrew Montone.
“In Italy, constitutionality control is exercised a posteriori, and that is precisely where confidence in the actions of the Constitutional Court lies. The same principle is provided for in Article 6 of the European Convention on Human Rights. Anyone who is affected by an act that violates their dignity, personality or right to citizenship has the legitimate right to seek redress in the Judiciary,” he said.
In short, the recognition of Italian citizenship jure sanguinis is not over, but it will be increasingly disputed in court.
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