The Italian Senate approved, on Thursday, 8, a set of amendments to the text of DDL 1432, which modifies the rules for the recognition of Italian citizenship by descent.
The changes are part of the Decree-Law No. 36/2025, known as the “Tajani Decree”. Despite approval by the 1st Standing Committee, part of the content will still be debated in a new round of negotiations scheduled for Tuesday, May 14.
The proposal brings substantial changes, with emphasis on the requirement that the ascendant have exclusively to Italian citizenship, including at the time of death.
It also requires that the father, mother or adoptive parent reside in Italy for two years before the birth of the child, in addition to establishing new criteria for minors and eliminating the maximum period of 36 months for completing processes.
Amendments highlight requirement for exclusive citizenship
Among the approved points is the removal of the provision that allowed the citizenship recognition processes to be extended by up to 36 months — as provided for in art. 9-ter of Law nº 91/1992.
Another important amendment created a protection clause for requests filed before the new law came into effect, ensuring that these cases continue to be evaluated according to the previous rules, avoiding retroactivity and legal instability.
The possibility of reacquiring citizenship by former Italian citizens was also confirmed, with specific rules on residence and documentation.
Main points of the approved amendments
1 – Amendments to art. 3-bis of Law no. 91/1992:
– The direct ascendant (1st or 2nd degree) must have had exclusively to Italian citizenship, including at the time of death.
– The parent or adoptive parent must have resided in Italy for two consecutive years, after acquiring citizenship and before the birth of the child.
– The letter e), possibly more permissive, was excluded.
2 – Inclusion of the letter a-bis:
– Recognition of citizenship based on the legislation in force on March 27, 2025, provided that the application is submitted by 23:59 p.m. (Central time). Roma) on the date of the consular or municipal appointment.
3 – Changes to art. 4 (citizenship for minors):
– A foreign or stateless minor, child of an Italian citizen by birth, will be considered an Italian citizen if the parents declare their will and:
– legally reside in Italy for two years, or
– the declaration is made up to one year after the birth or recognition/adoption.
– An adult may renounce citizenship if he or she has another citizenship.
– There is a special deadline for regularizing minors until May 31, 2026.
4 – Art. 1-bis – Italian roots:
– Release of residence and work permits outside the quotas for descendants of Italians abroad.
– Reduction from three to two years of legal residence for foreigners born in Italy to apply for citizenship.
5 – Elimination of the 36-month limit for concluding processes (art. 9-ter).
“Exclusivity” of citizenship generates legal criticism
The requirement that the ascendant possess exclusively Italian citizenship generated reactions from jurists. The law professor Giovanni Bonato it states:
“Riccardo De Simone and I published an essay a few years ago on dual citizenship, in which we explained the evolution of the legislation. The amendment requiring ‘exclusively Italian citizenship’ takes us back 200 years and revives the thesis of the unitarity of citizenship, in stark contrast to the pluralist trend towards dual citizenship.”
to the lawyer Andrew Montone, the proposal violates consolidated legal principles:
“This regulation is an insult to everything that has been affirmed by the courts in various decisions regarding the original, imprescriptible and permanent nature of Italian citizenship. The Court of Cassation, in judgment no. 25317 of 2022, recognized this status. The requirement of exclusivity creates a significant paradox and goes directly against the modern pluralist trend. In a globalized world, where immigration is part of the history of peoples, demanding exclusivity from an Italian ancestor is contrary to Italy’s own trajectory in the world. Democracies recognize dual citizenship precisely to reflect multiple identities.”
Experts also highlight the possible unconstitutionality of the clause as it violates the principle of equality, by penalizing the applicant for a condition that he cannot control.
Another controversial point is the inclusion of the requirement for proficiency in Italian at level B1. Lawyers question the proportionality of the measure when applied to descendants with original rights, and not in processes of naturalization.
Furthermore, there is criticism regarding the use of the decree-law as an instrument for these changes, since its application requires urgent justification, as determined by the Italian Constitution (articles 76 and 77). Without clear justification, the decree may be subject to legal challenge.
The lawyer Luigi Minari reinforces:
“The Italian State cannot deny citizenship iure sanguinis to anyone who acquired another nationality at birth abroad. This constitutes indirect discrimination, contrary to the Constitution and international treaties. Citizenship is not a prize for those who come close to the ‘ideal Italian’, but a responsibility of the State towards those who descend from him. One cannot be less Italian for also being something else.”
Undefined scenario
The amendments will now be considered by the plenary of the Chamber of Deputies and then by the Senate. The final version of the text may still undergo modifications before its official publication in the Official Gazette of the Italian Republic. (Official Gazette).
Legal experts recommend paying attention to the position of the Constitutional Court and the case law of the European Court of Human Rights, which can be used in matters of citizenship and discrimination.
FOLLOW-US
