The Italian Parliament approved this Tuesday, May 20th, the new law that profoundly changes the rules for the recognition of Italian citizenship by descent. The measure, based on the Decree-Law No. 36, of March 28, 2025, received strong opposition in the Senate and the Chamber, with criticism centered on violations of the Constitution of the Italian Republic.
The new legislation imposes strict conditions for the recognition of citizenship jure sanguinis — that is, by blood relationship — and breaks with the tradition of broad and automatic recognition for descendants of Italians born outside the country.
What changes in practice
The text modifies Law No. 91/1992 and establishes that an individual born abroad and holding another citizenship will be considered “never an Italian citizen”, unless:
- The application for recognition has been filed by March 27, 2025;
- For descendant of exclusively Italian ancestors (grandfather or father);
- Meet additional criteria, such as two years of legal residence in Italy or proof of active ties to the country.
The change, according to the government, aims to “rationalize requests, avoid abuse and ensure legal certainty”. However, opponents claim that the rule is discriminatory, disproportionate and contrary to the law itself. Constitutional Charter.
Why was the law passed despite criticism?
During the parliamentary debates, senators, deputies and jurists highlighted five main points of unconstitutionality:
1. Violation of the principle of equality (Art. 3)
The new rule treats descendants of Italians unequally based on arbitrary criteria, such as possession of another nationality or the date of the protocol, which compromises equality between citizens.
2. Attack on the right to cultural identity (Art. 2 and Art. 9)
Citizenship, critics argue, is also a cultural and historical bond. The abrupt rupture with this right ignores the symbolic role of citizenship in preserving family roots.
3. Disguised retroactivity (Art. 25, §2)
Although the law provides for the preservation of ongoing processes, situations such as scheduling that has not yet been formalized or children not included may be affected. For legal experts, this constitutes a veiled retroactivity, prohibited by the Constitution.
4. Disproportionality (Art. 3 combined with Art. 16)
The requirements of residency or exclusivity of Italian ancestry are seen as excessive and unjustified, becoming disproportionate obstacles to the exercise of a right of origin.
5. Disrespect for Italy’s mission to its diaspora (Art. 35 and Art. 48)
The Constitution assigns the State the duty to maintain and strengthen ties with Italians abroad. The massive restriction of citizenship contradicts this mission, especially for communities in Latin America.
But why, in the face of so much criticism, was the decree converted into law? The answer is simple: the politics.
Prime Minister Giorgia Meloni was elected under the banner of a “pure Italy”, with a strong appeal to national identity and immigration control. The limitation of citizenship by descent directly reflects this discourse, by reinforcing the idea of belonging linked to Italian territory and culture.
For opponents, the approval of the law represents “a bulldozer’s run over the Constitution”. Critical parliamentarians claim that the measure prioritizes ideological and electoral interests, to the detriment of consolidated legal principles.
Questioning about urgency
Another point of contention is the use of the decree-law — an instrument reserved for emergency situations. The opposition claims that the government has not demonstrated any real urgency to justify the adoption of this mechanism, which could constitute an abuse of executive power.
Now, with the definitive conversion into law, lawyers, associations of Italians abroad and parties opposed to the text are already organizing legal appeals to question its validity before the Constitutional Court of Italy.
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