Unsurprisingly, the Italian Senate approved this Thursday, May 15, the bill that limits the right to Italian citizenship by descent. The text, which converts the abusive decree-law nº 36/2025, received 81 votes in favor and 37 against, in a session with reduced quorum: only 119 of the 205 eligible senators participated in the vote.
Low participation was interpreted as a sign of political disinterest on the subject. The government chose to start processing in the Senate precisely with this project because it foresees greater ease of approval, since the governing coalition has a majority in both the Senate and the Chamber of Deputies.
The text now goes to the Chamber, where voting is scheduled to take place between 22 and 23 May.
The processing will take place under vote of confidence, a parliamentary instrument that prevents amendments and speeds up approval. With this, the text will be approved as it came from the Senate, preventing the legal period of 60 days for converting the decree into law from expiring.
Stricter criteria
The project inserts restrictions on automatic recognition of citizenship jure sanguinis, that is, by blood ties. Among the new requirements is the proof of effective ties with Italy.
The following requirements become:
- Direct ancestry up to the second degree with a citizen who held exclusively Italian citizenship;
- Legal residence in Italy for at least two years of the Italian parent after recognition and before the birth or adoption of the descendant;
The proposal repeals sections of previous legislation that allowed recognition without time limit or need for specific links with the Italian State.
According to the explanatory memorandum accompanying the decree-law, the government claims that the old law favored the creation of a growing base of Italian citizens with no real connection to the country, which would pose a risk to the national security and for the European Union, And overload consulates and courts.
During the vote on the bill that limits the recognition of Italian citizenship by descent, this Thursday (15), the senator Roberto Cataldi, from 5 Star Movement (M5S), made a strong statement in defense of Italian communities outside Italy.
He specifically mentioned the communities of southern Brazil, formed by descendants who keep the Italian language, dialect and customs alive.”How can you say they are not Italian? They live in cities with Italian names, speak the Venetian dialect and have preserved their traditions for five generations,” said Cataldi, in an indignant tone.
The parliamentarian stated that the government is addressing the issue of citizenship “as mere bureaucracy“and ignoring the trajectory of millions of people of Italian origin living abroad.”They are treating Italians who live far from their homeland as if they were just practices to be discarded"He said.
Weak point of the decree
The core of the reform is in the art. 3-bis of Decree-Law No. 36/2025, which determines that anyone who was born abroad and holds another citizenship will be considered as never having acquired it Italian citizenship, except in cases expressly provided for.
this article alters the historical interpretation of Italian legislation and even affects situations prior to its entry into force, which, according to opposition jurists and senators, violates the constitutional principle of non-retroactivity of laws. In addition, you can violate acquired rights of thousands of people who had already filed the lawsuit – or in the queues at the consulates – based on previous standards.
The opposition called the decree “abusive” and warned that its wording paves the way for actions in Italian courts, with the possibility of questioning in the Constitutional Court.
What the approved text says: key points and controversies
The bill approved in the Senate introduces significant changes in the recognition of Italian citizenship by descent. The following are the main points:
1. Processes initiated up to 27/03 remain valid
Requests filed in consulate or in the Italian municipality with formal appointment informed to the interested party until 23:59 (time of Roma) of March 27, 2025 will be accepted, according to the art. 3-bis, letter a-bis.
2. Minors born up to 27/03/2025
Minor children of citizens recognized up to that date may have their citizenship recognized until May 31, 2026according to art. 4, comma 1-ter of Law 91/1992, with new wording.
3. Minors born after 28/03/2025
For those born after this date, citizenship may be recognized. provided that registration occurs within one year after birth or after recognition of filiation (including adoptive). It is also required that the minor legally reside for two continuous years in Italy, unless it is a newborn, according to the new art. 4, paragraph 1-bis.
4. “Exclusively Italian” requirement
For automatic recognition, it is necessary to prove that the father or grandfather (up to the second degree ascendant) owned just the Italian citizenship on the date of death or at the time of transfer of citizenship (art. 3-bis, letter c). This point is seen as legally fragile and should be questioned in Constitutional Court, by creating exclusion based on multiple nationality criteria.
5. Italian language exam (level B1)
There is no requirement for language proficiency (level B1) for none of the cases provided for in the new text, except in the processes of naturalization already governed by other laws.
6. Citizenship by marriage
There was no change in the rules for recognition of citizenship through marriage. The procedures continue as provided for in previous legislation, with no changes in deadlines or additional requirements.
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