Decree 36: Understanding Italy’s Ius Sanguinis Overhaul

Decree 36: Italy’s Citizenship by Descent Changes Explained

The landscape of Italian citizenship ius sanguinis (by right of blood) has been thrown into unprecedented turmoil. In late March 2025, the Italian government enacted emergency measures drastically altering the rules, including the impactful Decree 36, followed swiftly by parliamentary proposals suggesting even further changes. This rapid succession of complex, potentially overlapping, and highly controversial legislative actions has created significant uncertainty for individuals of Italian descent worldwide seeking recognition of their birthright.

This post aims to unravel the complexity, clarify the current legal situation regarding Decree 36 and related bills, outline the proposed changes, and explore the potential scenarios unfolding in the Italian Parliament over the crucial coming weeks. You can follow related developments on our news page.

Untangling the Legislative Web: Decree 36, DDL 1432, and DDL 1450

Understanding the current situation requires differentiating between three key pieces of legislation:

• Decree-Law No. 36 of March 28, 2025 (“Decreto Tajani”) (DL 36/2025): This is the immediately effective emergency decree, commonly known as Decree 36, that triggered the current crisis. Published and enacted rapidly, it introduced severe restrictions on ius sanguinis citizenship, particularly for those born abroad. Its most controversial aspect is its retroactive effect. It is currently in force but is temporary legislation.
• Bill No. 1432 (DDL 1432): This is the conversion bill for Decree 36 (DL 36/2025), currently under examination in the Italian Senate (specifically, the 1st Commission – Constitutional Affairs). Parliament must debate, potentially amend, and vote on converting DL 36/2025 into permanent law (or let it expire) by May 27, 2025. This is where the immediate legislative battle is taking place. You can track the bill’s progress directly on the Italian Senate’s website (DDL 1432 page).

All amendments proposed have now been officially published; you can find a summary and an AI-generated guide to understand their purpose in our latest post here. These amendments address different aspects:

• Bill No. 1450 (DDL 1450): This is a separate, complementary bill introduced in the Senate shortly after Decree 36. It proposes additional, distinct modifications to the primary Citizenship Law (Law 91/1992). It is not yet law and follows a standard parliamentary path, distinct from the urgent conversion of DL 36. The initial text can be viewed here: DDL 1450 Text (Senate).

Deconstructing Decree 36 and Related Proposals: Content and Status

Let’s examine each piece in detail:

A. Decree-Law 36/2025 (“Decreto Tajani”)

• Core Change: Introduces a new Article 3-bis into Law 91/1992. It establishes that individuals born abroad with another citizenship are “considered never to have acquired” Italian citizenship unless specific conditions are met. This phrasing controversially frames the issue as non-acquisition ab origine, rather than a loss of existing rights, enabling its retroactive application. As legal commentary highlights (see: “La Grande Perdita” analysis on Judicium.it – External Link – Step 7), this is effectively the “Grande Perdita” (Great Loss) for many.
• Retroactive Cut-Off: The restrictions apply retroactively to anyone born abroad before March 28, 2025, unless they had formally submitted a complete administrative application or filed a court case by 11:59 PM (Rome time) on March 27, 2025.
• New Conditions (Exceptions to Exclusion): To be considered Italian despite being born abroad with dual nationality and missing the deadline, an applicant must meet at least one of these conditions (Art. 3-bis, letters c, d, e):
  • An Italian parent (or adoptive parent) was born in Italy.
  • An Italian parent (or adoptive parent) was resident in Italy for at least two consecutive years immediately prior to the applicant’s birth/adoption.
  • An Italian grandparent (parent of the Italian parent/adopter) was born in Italy.
• Constitutional Concerns: Legal experts (as cited in the provided article and hearing summaries, like this one: Senate Hearing Summary PDF ) have fiercely criticized Decree 36 for:
  • Violating Legal Certainty and Acquired Rights: Applying new, restrictive conditions retroactively to rights potentially acquired at birth under previous laws.
  • Potential Violation of Equality (Art. 3 Const.): Discriminating based on place of birth (Italy vs. abroad) and application timing.
  • Circumventing Art. 22 Const.: Which prohibits deprivation of citizenship for political reasons; critics argue Decree 36 achieves a similar result through legislative fiat.
  • Improper Use of Emergency Decree (Art. 77 Const.): Using urgent measures for a fundamental, non-sudden issue, bypassing proper parliamentary deliberation. The government cited the need to prevent a flood of applications as justification.
  • Lack of Proportionality and Procedural Safeguards: Especially concerning potential impacts on EU citizenship rights, as highlighted by Professor Grosso citing CJEU jurisprudence. Issues regarding potential challenges before the Italian Constitutional Court are significant.

B. Bill for Conversion (DDL 1432) – Currently Under Senate Review

• Purpose: To convert Decree 36 (DL 36/2025) into permanent law.
• Process: Currently undergoing review in the Senate’s 1st Commission. Hearings with experts (De Nardi, Laganà, Calvano, Grosso, etc.) have taken place, revealing deep divisions and strong critiques. Numerous amendments (see list: List of Amendments DDL 1432 – Senate ) have been proposed by MPs and have now been officially published; you can find a summary and an AI-generated guide to understand their purpose in our latest post here. These amendments address different aspects:
  • Suppressing Decree 36 entirely (Amendments 1.1, 1.5).
  • Removing retroactivity (e.g., making it apply only after enactment – Amendments 1.9, 1.10, 1.11, 1.12, 1.13).
  • Extending the deadline (e.g., Amendments 1.24, 1.25, 1.26).
  • Modifying or broadening the exception conditions (e.g., referring to Italian citizenship of parent/grandparent instead of birth in Italy – Amendments 1.29, 1.30, 1.40; extending to second/third generation – Amendments 1.37, 1.41, 1.47, 1.50; adding language/cultural ties – Amendments 1.50, 1.51; considering siblings already recognized – Amendment 1.58; exceptions for those in dictatorships – Amendment 1.69).
  • Reopening terms for reclaiming citizenship lost under previous laws (Amendments 1.77, 1.78, 1.79, 1.86, 1.87, 1.88).
• Status: The 1st Commission was expected to finalize amendment proposals by April 16th (though the provided summary is dated April 23rd, suggesting the process is ongoing/reporting delayed). The bill will then move to the full Senate floor.

C. Complementary Bill (DDL 1450) – Proposed, Not Yet Law

• Purpose: To introduce further, separate amendments to Law 91/1992. It appears to be a broader reform effort, potentially incorporating elements deemed unsuitable for the emergency Decree 36.
• Key Proposed Changes (based on OCR text):
  • Residency Requirements for Parents: Modifying Art. 1 & 3 to potentially deny citizenship if citizen parents born abroad haven’t resided in Italy for 2 years before the child’s birth/adoption and their own parents (applicant’s grandparents) were also born abroad.
  • Minor Children: Amending Art. 4 to allow minor children of citizens by birth to acquire citizenship if parents declare intent and the child subsequently resides legally in Italy for 2 years. This relates to complex minor issue cases.
  • Marriage: Removing the specific 3-year residency abroad period for citizenship by marriage (Art. 5).
  • Processing Times: Setting a 48-month deadline for processing ius sanguinis recognition applications (Art. 9-ter, new 1-bis). Setting a 12-month deadline for state civil registrars to execute court judgments (Art. 9-ter, new 1-ter). This is relevant for those facing consulate appointment delays.
  • Maintaining Ties (“25-Year Rule”): Introducing Art. 11-bis, stating citizens born abroad and non-resident lose citizenship if they hold another nationality and don’t maintain “effective ties” with Italy for 25 years after the law’s entry into force. Failure to register birth within 25 years creates a presumption of lost ties, rebuttable only by official records.
  • Renunciation Presumption: Amending Art. 13 to presume renunciation if residency in Italy (required for certain citizenship recovery paths) is less than 2 years.
  • Children of Re-acquirers: Clarifying Art. 14 that children acquire citizenship when a parent re-acquires it only if the child is legally resident in Italy at that time (or from birth if under 2).
  • Retroactivity Clause: Amending Art. 20 to explicitly subordinate its non-retroactivity principle to the new Art. 3-bis (introduced by Decree 36).
  • Proof Limitations: Adding Art. 23-bis to disallow oaths and witness testimony in citizenship matters (reinforcing Dr. Laganà’s concern, relevant for document inconsistencies).
  • 1948 Cases: Adding an interpretative clause confirming that children of Italian mothers born before Jan 1, 1948, are considered citizens if they were under 21 on that date.
  • Consular Fees: Increasing the fee from €600 to €700 (Art. 7-bis of consular fee table) and adjusting budget law references.
• Status: This bill is separate from the Decree 36 conversion. Its path through Parliament will be longer and subject to the standard legislative process. It reflects a broader governmental vision for tightening citizenship rules, potentially influenced by political considerations discussed here.

Potential Scenarios for Decree 36 Conversion (DDL 1432) and Legal Implications

The next few weeks are critical as the Senate processes DDL 1432 (the conversion of Decree 36). Based on parliamentary procedure and the political context (as outlined in the user’s provided analysis):

• Scenario 1: Amendments Accepted Freely: The government allows the Senate to amend the bill significantly, potentially softening or removing the harshest aspects (like retroactivity). Likelihood: Low, unless amendments align with the coalition’s goals.
• Scenario 2: Confidence Vote on Original Decree 36: The government forces a vote on the decree exactly as written, nuking all amendments. Likelihood: Possible but perhaps politically costly. If declared a confidence matter, it would likely pass, as defeat means government resignation.
• Scenario 3: Confidence Vote on a “Maxi-Amendment”: The government negotiates a compromise amendment package behind closed doors with coalition partners and forces a confidence vote on that version, nuking all other amendments. Likelihood: High. This is a common tactic for decree conversions. The nature of this compromise is the key unknown.
• Scenario 4: Decree Expires: The government fails to secure conversion by May 27, and Decree 36 (DL 36) lapses ex tunc (as if it never existed). Likelihood: Considered Unlikely by many observers, given the government’s strong push.

Key Implications for Applicants:

• Those who met the March 27 deadline: Are safe under Decree 36, evaluated under the old rules.
• Those who missed the deadline: Currently face the restrictive conditions of Decree 36. Their hope lies in the conversion process (Scenarios 1, 3 with favorable amendments, or 4) or a future successful constitutional challenge.
• Future Applicants: Will be subject to whatever final version of the law emerges from the conversion process and potentially the separate changes proposed in DDL 1450 if it passes later.
• Recognized Citizens Born Abroad (passing to children): Decree 36 currently imposes the 2-year residency requirement on the parent before the child’s birth. DDL 1450 proposes an alternative: the child can acquire citizenship by living in Italy for 2 years after birth. The final law remains uncertain. Consulates appear to be aligning with Decree 36 for now.
• Constitutional Challenge: Regardless of the conversion outcome (unless Decree 36 lapses or is drastically amended), a challenge before the Italian Constitutional Court seems highly probable given the profound legal critiques. Such cases could suspend application processing until a ruling is issued.

Decree 36: A Troubling Approach to Fundamental Rights

The manner in which these changes, particularly through Decree 36, have been introduced raises profound concerns. As highlighted by the commentary article (“La Grande Perdita”) and numerous legal experts during Senate hearings (Calvano, Grosso, Laganà):

• Superficiality vs. Delicacy: Fundamental rights related to citizenship, status, and family unity are being altered with alarming speed and apparent disregard for established legal principles. The use of an emergency decree circumvents the thoughtful deliberation typically required for such sensitive matters under Italian citizenship law.
• Retroactivity’s Harsh Impact: The attempt to retroactively strip individuals of a status potentially held since birth, based on criteria they could not have foreseen, fundamentally undermines legal certainty and fairness (“scam of labels” – Grosso; “legislative axe” – Calvano).
• Erosion of Rights: The measures represent a significant departure from Italy’s traditionally inclusive ius sanguinis principle, potentially severing ties with large diaspora communities whose emigration was once encouraged and whose connection Italy has historically sought to maintain.

Conclusion: Uncertainty Reigns, Vigilance Required for Decree 36

The Italian government has initiated a radical and controversial overhaul of citizenship ius sanguinis, spearheaded by Decree 36. The situation is highly fluid, with the immediate focus on the Senate’s handling of DDL 1432 to convert the emergency decree DL 36/2025. The separate proposals in DDL 1450 add another layer of complexity to the future legal framework.

The clash between the state’s asserted need for control and the fundamental rights and legitimate expectations of its diaspora is stark. The introduction of retroactive measures via Decree 36 represents a concerning approach to constitutional principles.

Individuals affected by these changes must stay informed as the parliamentary process unfolds in the coming weeks and consult closely with qualified legal counsel (consider reviewing our past posts for background) to understand the implications for their specific situation and navigate the potential legal challenges ahead. The “Grande Perdita” may yet be mitigated, but the path forward remains uncertain and demands close attention.

Frequently Asked Questions about Decree 36

Q: What is Decree 36 (DL 36/2025) in Italy?

A: Decree 36 is an emergency decree-law enacted by the Italian government on March 28, 2025. It significantly restricts the rules for recognizing Italian citizenship by descent (ius sanguinis), particularly for individuals born abroad, and controversially applies these restrictions retroactively. You can read more about it here.

Q: What are the main changes introduced by Decree 36 for Italian citizenship?

A: Decree 36 states that individuals born abroad with another citizenship are considered never Italian unless they met a deadline (March 27, 2025, for applications/court cases) OR have an Italian parent/grandparent born in Italy, OR an Italian parent resident in Italy for two years before their birth.

Q: Is Decree 36 retroactive?

A: Yes, the most controversial aspect of Decree 36 is its retroactive application. It applies the new restrictive conditions even to those born before the decree’s enactment date, unless they met the specified deadline.

Q: Who is most affected by Decree 36?

A: Individuals of Italian descent born outside Italy, who hold another citizenship, and who had not formally applied for citizenship recognition or filed a court case by March 27, 2025, are most affected. Their eligibility now depends on meeting the new, stricter conditions related to their parents’ or grandparents’ birthplace or residency.

Q: Is Decree 36 permanent law?

A: Currently, Decree 36 is temporary emergency legislation. The Italian Parliament (Senate, then Chamber of Deputies) must vote to convert it into permanent law (potentially with amendments via bill DDL 1432, trackable here) by May 27, 2025. If not converted, it will expire.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified Italian immigration attorney for advice specific to your situation regarding Decree 36 or any citizenship matters. Reviewing resources like our past posts or getting in touch with us may provide helpful insights.