Decreto Tajani (DL 36/25) Risk Analysis: Bonato’s Critique of Current Law

The “Great Loss”? Unpacking Prof. Bonato’s Critical Analysis of Italy’s ‘Decreto Tajani’ Citizenship Law

Holding Italian citizenship is a cherished dream for so many people worldwide, particularly those in places like the United States and Canada whose families originally came from Italy. For years, the principle of jure sanguinis, the ‘right of blood,’ provided a clear path for descendants to claim that heritage, no matter how long ago their ancestor left Italy or where they themselves were born. It’s always been about that deep connection to family stories and personal identity.

That familiar landscape for Italian citizenship by descent, however, just changed dramatically and controversially. A new piece of legislation, Decree-Law No. 36 dated March 28, 2025 (which many refer to as the “Decreto Tajani”), is actually in effect right now. It has introduced sudden, potentially sweeping limits that weren’t there before.

Crucial Update: Unlike previous discussions which might have treated it as theoretical, Decree-Law No. 36/2025 (“Decreto Tajani”) is actual Italian law, effective since March 29, 2025. However, as a Decree-Law, it must be converted into permanent law by the Italian Parliament, typically within 60 days (expected around the end of May 2025). Parliament can:

1. Convert the decree into law without changes.
2. Convert it into law with amendments (potentially softening or altering its impact).
3. Reject the decree, causing it to lose all legal effect retroactively (as if it never existed).

This pending conversion adds a layer of urgency and uncertainty to the situation.

Professor Bonato’s analysis focuses on the severe implications of the law *as it currently stands*. He argues it triggers what he terms the “Great Loss” (La Grande Perdita) – an immediate, retroactive removal of Italian citizenship for potentially millions born outside Italy. His critique suggests the law, in its current form, extinguishes a status legally held by individuals from birth.

This post breaks down Professor Bonato’s legal examination of the *existing* “Decreto Tajani.” We aim to help you understand:

• What the decree, currently in force, actually states.
• Why experts like Bonato view it as a radical and problematic law.
• How it fundamentally clashes with Italy’s long tradition of recognizing citizenship by bloodline.
• The serious legal and constitutional challenges raised against the decree as written.
• What this means for your citizenship journey *right now* and depending on the outcome of the parliamentary conversion.

Let’s explore the details of this “Great Loss” concept and why the “Decreto Tajani,” in its current, active form, represents such a critical issue in Italian citizenship law.

Understanding the “Decreto Tajani” (DL 36/25) – Now In Force

Decree-Law No. 36 was introduced and published on March 28, 2025, taking effect the very next day, March 29, 2025. You can find more background on our pages covering the specifics of DL 36/2025 and related citizenship news. This law significantly alters the rules for citizenship by descent (jure sanguinis).

Historically, Italian law, including foundational texts like Law 555/1912, generally established that birth to an Italian parent conferred Italian citizenship automatically, regardless of birthplace or the number of generations since emigration.

The “Decreto Tajani,” as currently enacted, reverses this principle for many. It inserts a new Article 3-bis into the primary citizenship law (Law 91/1992). The core provision states:

An individual born outside of Italy, even to an Italian citizen parent, who also holds citizenship of their birth country (dual national), is considered never to have acquired Italian citizenship unless specific saving clauses apply.

This is the retroactive element central to the Decreto Tajani risk analysis. It imposes a new, backdated condition for *jure sanguinis* citizenship: birth *in* Italy, unless narrow exceptions are met. This mixes bloodline (ius sanguinis) with birthplace (ius soli) criteria, effectively limiting citizenship passed down through generations abroad, according to Bonato’s critique.

What are the exceptions (“saving clauses”) under the law as it stands?

• (a/b) You had already formally applied for or received recognition of your citizenship (via consulate/municipality or court) before midnight on March 27, 2025. (The controversial retroactive “guillotine clause”).
• (c) You have a parent (or adoptive parent) who was born in Italy.
• (d) You have a parent (or adoptive parent) who resided continuously in Italy for at least two years immediately before your birth or adoption.
• (e) You have a grandparent (your parent’s parent) who was born in Italy.

The Practical Effect (Currently): As Bonato argues, the law isn’t just changing future rules; it’s rewriting the past *as long as it remains in force*. It effectively strips citizenship from a massive group: those born abroad with dual nationality whose link to Italy is through a great-grandparent or earlier ancestor born in Italy, and who hadn’t started the formal recognition process by the deadline. This represents a major, active challenge to Italian citizenship norms.

Prof. Bonato’s Concept: The “Great Loss” Explained Under the Current Law

Professor Bonato strongly contests the decree’s assertion that affected individuals “never acquired” citizenship. He views this as a misleading legal fiction (fictio juris) applied to those born *before* the decree’s enactment. Under the laws applicable at their birth, they *were* Italian citizens. Therefore, he argues, the current decree doesn’t prevent acquisition – it extinguishes a status they already held. This is the essence of the `retroactive loss italian citizenship` risk inherent in the law as it stands.

This is why he uses stark terms like “The Great Loss,” `mass denationalization Italy citizenship`, and “mass disinheritance” to describe the law’s *current* effect. He contends the decree, as enacted, implements:

The “Guillotine Effect” and Retroactive Deprivation

The sudden introduction and immediate effectiveness, combined with the retroactive cut-off date (March 27, 2025) for applications, is described by Bonato as a deliberate tactic to preempt claims. The decree’s preamble justification (avoiding an influx of applications) seems to confirm this intent. Applying new, adverse conditions to rights established in the past violates fundamental legal principles of non-retroactivity (tempus regit actum) – a key point in his Decreto Tajani risk analysis of the existing law.

Automatic and Collective Citizenship Loss Concerns

Citizenship, under this law, is removed from an entire category of people automatically based on birthplace, dual nationality, and lineage, without individual assessment or voluntary renunciation. This clashes with Italian and European legal norms which generally require individual action or assessment for citizenship loss.

The loss is imposed coercively, denying affected individuals a chance to contest before the deprivation takes effect (pending the conversion outcome).

In essence, Bonato argues the decree uses deceptive language (“considered never to have acquired”) to mask what is, in reality, a retroactive, automatic, and collective stripping of citizenship from potentially millions who were legally Italian until March 29, 2025, and remain stripped *unless* the law is rejected or favourably amended by Parliament.

How the Current Decree Challenges Italy’s Jure Sanguinis Tradition

Understanding Italy’s historical approach to citizenship by descent highlights the magnitude of the change introduced by the current Decree-Law.

• Rooted in Family, Not Territory: Traditionally, Italian identity flowed through bloodline (ius sanguinis), central to laws like the 1912 Citizenship Law.
• Birthplace Largely Irrelevant: A child of an Italian citizen born abroad was generally considered Italian from birth (subject to specific historical rules, like those concerning maternal lineage before 1948).
• Maintaining Diaspora Ties: Jure sanguinis kept legal and cultural bonds with emigrants and their descendants, supported by Constitutional protections.
• Citizenship as a Permanent Status: Italian jurisprudence views citizenship as an enduring status acquired at birth. Recognition confirms this status, distinct from issues like the ‘minor issue’.

The “Decreto Tajani,” as it currently stands, directly assaults this tradition. By making birthplace a decisive factor for many born abroad, it shifts away from pure bloodline, effectively severing the connection for those tracing lineage to a great-grandparent born in Italy or earlier, presenting a significant, active `jure sanguinis changes risk`.

Major Legal Flaws Identified in Bonato’s Analysis of the Current Law

Professor Bonato’s `legal analysis italian citizenship changes` meticulously outlines why the “Decreto Tajani,” *as currently in force*, appears legally flawed, potentially violating both the Italian Constitution and European Union law. His Decreto Tajani risk analysis flags critical issues:

Violating Non-Retroactivity and Legitimate Expectations

Extinguishing rights acquired under prior laws violates core legal principles enshrined in the Italian legal system. Individuals reasonably relied on long-standing laws; the decree retroactively shatters this trust (`legitimate expectations citizenship`).

Clashing with Constitutional Principles (Art. 22 & Precedents)

The Italian Constitutional Court has historically opposed automatic citizenship loss without individual consent. The decree seems to reintroduce this. Article 22 forbids politically motivated deprivation of citizenship; while stated reasons are administrative, the mass effect raises `constitutional challenge italian citizenship law` concerns.

Potential Conflicts with European Union Law on Citizenship

Loss of Italian citizenship means loss of EU citizenship. The CJEU requires proportionality and individual assessment for such loss (relevant jurisprudence includes Rottmann, Tjebbes, and principles touching on the Malta ECJ ruling context). The decree’s blanket, automatic effect seems disproportionate under `EU law citizenship loss proportionality` standards. It also arguably violates the EU principle of effectiveness regarding the right to be heard *before* loss becomes final (undermined by the retroactive “guillotine clause”).

Inconsistencies and Discriminatory Aspects Highlighted

The law creates illogical distinctions based on birthplace and potentially discriminates against those unable to pursue “birth tourism.” It could also break family unity if differently affected generations exist within the same family.

Who Is Affected by This Citizenship Law Change Right Now?

Based on Bonato’s breakdown of the Decree-Law *as it currently stands* (pending conversion):

Likely SAFE (Not affected by the change):

• Anyone born *in* Italy.
• Anyone born abroad holding *only* Italian citizenship.
• Those born abroad (dual national) who *received formal recognition* before March 27, 2025.
• Those born abroad (dual national) who *filed a formal application* by March 27, 2025.
• Those born abroad (dual national) whose *parent* OR *grandparent* was born in Italy, OR whose parent met the 2-year residency rule.

CURRENTLY AFFECTED (Considered Non-Citizens under the decree, pending conversion):

• Individuals born abroad *before* March 28, 2025, holding dual citizenship, whose qualifying Italian ancestor is a great-grandparent or earlier ancestor born in Italy, AND who had *not* filed an application by the March 27, 2025 deadline. According to the decree’s text, this group *has lost* the citizenship they possessed (subject to the conversion outcome).
• Individuals born abroad *on or after* March 28, 2025, holding dual citizenship, whose connection relies on a great-grandparent or earlier ancestor born in Italy. Under the decree, they are considered “never to have acquired” Italian citizenship.

This underscores that many descendants in the US and Canada tracing lineage back several generations are *currently and directly impacted* by this law, making the upcoming parliamentary conversion vote critical.

Implications for Your Italian Citizenship Journey Now

The “Decreto Tajani,” being currently in force, has immediate and concerning implications, though the final outcome depends on the conversion process:

• Immediate Status Change: For those affected, their legal status *is currently changed* from “Italian citizen needing recognition” to “non-citizen” under this law, unless Parliament rejects or favorably amends it.
• Blocked Pathways Currently: For new generations relying on great-grandparents or beyond, the pathway via *jure sanguinis* *is currently closed* by this decree.
• Legal Uncertainty & Need for Action: The current situation is highly uncertain pending the conversion vote (expected end of May). If converted into law without significant changes, the serious legal challenges highlighted by Bonato (constitutional, EU law) will become necessary avenues for affected individuals. This may involve complex litigation, potentially needing strategies similar to overcoming consulate access issues or challenging unfavorable decisions.
• Shift in Legal Strategy: Assistance needs focus on understanding the *current* impact, monitoring the conversion process, and preparing potential challenges if the law is confirmed.

This situation highlights the vulnerability of citizenship rights and the critical importance of timely action and expert guidance when navigating complex legal changes.

Navigating the Current Uncertainty: Why Expert Guidance is Crucial

Professor Bonato’s analysis reveals the significant risks and legal flaws within the “Decreto Tajani,” a law *currently in effect* in Italy. His Decreto Tajani risk analysis portrays it as a legally dubious measure enacting a “Great Loss” for numerous descendants abroad *right now*, pending Parliament’s final decision.

The fact that this is not hypothetical but an active Decree-Law awaiting conversion makes understanding its impact and the potential outcomes of the parliamentary vote absolutely critical. Themes related to legislative changes, like those seen in discussions around DDL 1432, have now materialized into binding (though potentially temporary) law.

Navigating this complex and volatile legal landscape demands experienced guidance. At ItalyGet, Avvocato Vitale and our team offer personalized support, leveraging deep expertise in Italian citizenship law to help clients understand their specific situation under the *current decree* and plan strategically for the possible conversion outcomes.

Understanding the current risks underscores the urgency of seeking expert legal advice. If you believe you might be affected by this Decree-Law, or if you were already pursuing citizenship, understanding your current status and options is paramount.

We are closely monitoring the parliamentary conversion process and remain committed to providing clarity and strategic advice based on the evolving legal situation.

Stay informed about the conversion process, understand your rights under the current law, and seek professional help immediately if you might be affected.

If you are concerned about how the currently active “Decreto Tajani” (DL 36/25) impacts your eligibility or need urgent assistance navigating this situation, don’t delay. Contact ItalyGet today for a personalized consultation to assess your case and understand your options in light of this active law and its pending conversion.