Tajani Decree Amendments update – May 9th

Key Amendments Emerge from Senate Committee – What Do They Mean for You?

On May 8, 2025, the Italian Senate’s 1st Permanent Commission (Constitutional Affairs) held a crucial session to discuss and vote on amendments to Decree-Law No. 36/2025, the so-called “Tajani Decree.”

For those of you on the edge of your seats since the Decree dropped in late March, this session provides the first real glimpse into how the Italian Parliament might reshape these controversial new rules. Remember, the Decree is currently in force but needs to be converted into permanent law (likely with changes) by May 27, 2025.

The rapporteur (Senator Lisei) and the Undersecretary for Foreign Affairs (Mr. Silli) indicated which amendments were viewed favorably, often after being “reformulated” into an identical “testo 2” (Text 2). These are the proposals that now have the strongest chance of becoming part of the final law.

Let’s break down the most significant approved (or favorably reformulated) amendments and what they could mean for applicants, especially those with great-grandparents or great-great-grandparents, and those navigating the “minor issue.”

Disclaimer: This is an analysis of committee-level developments. The text is not yet final law and is subject to further votes and potential changes in the full Senate and then the Chamber of Deputies. This information is for news update purposes and is not legal advice. Always consult with a qualified immigration lawyer for advice tailored to your specific situation.

The Big Picture: Approved Amendments and Their Impact

Here are the most impactful groups of amendments that were approved or received favorable opinions with reformulation in the May 8th session:

1. Big Changes to the Tajani Decree’s Exception Conditions (Article 3-bis)

• Amendments Involved: 1.8 (text 2), 1.30 (text 2), 1.34 (text 2), 1.39 (text 2) – these were reformulated into an identical text.
• Original Italian “Testo 2” (Translated):
  To comma 1, heading «Art. 3-bis», comma 1, make the following modifications:
  a) replace letter c) with the following: “c) an ascendant of the first or second degree possesses or possessed at the time of death, exclusively Italian citizenship;”
  b) replace letter d) with the following: “d) a parent or adopter was resident in Italy for at least two consecutive years subsequently to the acquisition of Italian citizenship and before the date of birth or adoption of the child.”
  c) suppress letter e).
• What This Means (The Human Angle):
  This is a major shift in the “escape clauses” of the Tajani Decree for those who missed the March 27 deadline.
  • New Condition c): Goodbye “Born in Italy” for Parent, Hello “Exclusively Italian” Ancestor: The old rule needed your Italian parent to be born in Italy. Now, it’s about your Italian parent (first-degree ascendant) OR grandparent (second-degree ascendant). The crucial part? This ancestor must hold or have held exclusively Italian citizenship at the time of their death (or currently, if living).
    • The “Exclusively” Catch: This is a big one. If your Italian-born grandparent also became a citizen of, say, the USA and hence lost Italian citizenship, this new rule might make things tricky. The emphasis is on them being only Italian at the crucial moment. This, according to the rapporteur, aims to value an “effective bond” over the “accidental” nature of birthplace.
      In fact, it is a condition we know it was hardly met by the typical immigrant.
    • New Condition d): Parent’s Residency Timing Changed: The old rule required your parent to live in Italy for 2 years before your birth. Now, that 2-year residency must have happened after your parent acquired/was recognized as an Italian citizen themselves, but still before your birth/adoption. It adds a specific sequence.
    • Original Condition e) Gone: The rule about a grandparent being born in Italy (as a standalone condition) is removed. Its essence is somewhat absorbed and changed by the new condition c).
    • Retroactivity Stays: It’s vital to understand that these changes don’t remove the retroactive nature of the Tajani Decree. They just alter who can escape its effects.
    • Pre-mortality Cases: Senators Menia and Paroli clarified this phrasing is intended to cover situations where, for example, the Italian father passed away before the child’s birth.

2. Softening the Blow: Clarifications on Meeting the Original March 27 Deadline

• Amendments Involved: 1.21 (text 2), 1.22 (text 2), 1.25 (text 2), 1.27 (text 2), 1.28 (text 2) – these were reformulated into an identical text.
• Original Italian “Testo 2” (Translated):
  To comma 1, heading “Art. 3-bis”, comma 1, after letter a), insert the following:
  «a-bis) the citizen status of the interested party is recognized, in compliance with the legislation applicable on March 27, 2025, following an application, accompanied by the necessary documentation, submitted to the consular office or competent mayor on the day indicated by an appointment communicated to the interested party by the competent office by 11:59 PM, Rome time, of the same date;».
• What This Means (The Human Angle):
  This offers a bit of breathing room for those who were in the process of applying. It clarifies that you’re considered to have met the March 27 deadline (and thus assessed under the old, more lenient rules) if:
  • You submitted your complete application on the day of an appointment that had been officially communicated to you by the consulate or comune by March 27, 2025.
  • This helps people who had their appointments scheduled very close to, or just after, the deadline, as long as the appointment itself was confirmed before the cut-off. It acknowledges the practicalities of the application system.

3. New Hope for Minors & a Lifeline for Some Families

• Amendments Involved: 1.26 (text 2), 1.29 (text 2), 1.57 (text 2), 1.58 (text 2), 1.73 (text 2) – these were reformulated into an identical text.
• Original Italian “Testo 2” (Translated – relevant parts):
  After comma 1, insert the following:
  «1-bis. To article 4 of law February 5, 1992, n. 91, after comma 1, the following are inserted:
  “1-bis. The foreign or stateless minor, whose father or mother are citizens by birth, becomes a citizen if the parents or guardian declare the will for acquisition and one of the following requirements is met:
  a) subsequently to the declaration, the minor resides legally for at least two consecutive years in Italy;
  b) the declaration is submitted within one year of the minor’s birth or from the subsequent date on which filiation, including adoptive, from an Italian citizen is established.
  1-ter. Having reached the age of majority, whoever acquired citizenship pursuant to comma 1-bis may renounce citizenship if in possession of another citizenship.”.
  1-ter. For minors on the date of entry into force of the conversion law of this decree, children of citizens by birth referred to in article 3-bis, comma 1, letters a) and b), of law February 5, 1992, n. 91, the declaration provided for by article 4, comma 1-bis, letter b), of the same law, may be submitted by 11:59 PM, Rome time, on May 31, 2026.».
• What This Means (The Human Angle):
  This is a significant package focused on minor children.
  • New Paths for Minors (amending existing Law 91/1992): It creates two clear ways for minor children (foreign or stateless) whose parent is an Italian citizen by birth to acquire citizenship:
    1. Residency Path: Parents declare their intent, and then the child lives legally in Italy for at least 2 continuous years.
    2. Timely Declaration Path: Parents declare their intent to have the child acquire citizenship within one year of the child’s birth (or within one year of legal parentage being established if later). This “one year from birth” was a point of negotiation, extended from an initial six-month proposal.
  • A Special Window for Certain Current Minors: This is crucial. If a child was a minor when this new law comes into effect, AND their parents qualified under the original Tajani Decree’s “saving clauses” (letters a and b of Art. 3-bis – meaning they applied or filed a court case by March 27, 2025), then those parents have until May 31, 2026, to use the “timely declaration within one year of birth” path (even if the child is older than one year now). This helps families who were “saved” by the original decree ensure their minor children can also be recognized.
  • Sibling Clause (from original Amendment 1.58, now part of this package): This package also effectively incorporates the spirit of original amendment 1.58, which aimed to ensure that if one sibling was recognized (e.g., born before the cut-off or application submitted in time), other minor siblings could also be recognized. The May 31, 2026 deadline for declaration for minors of “saved” parents helps address this.

4. Facilitating Return and Integration: New Immigration and Naturalization Tweaks

• Amendments Involved: 1.47 (text 2), 1.60 (text 2), 1.68 (text 2), 1.89 (text 2), 1.0.9 (text 2), 1.0.12 (text 2) – these were reformulated into an identical text, adding a new “Art. 1-bis” to the conversion bill.
• Original Italian “Testo 2” (Translated – relevant parts):
  After the article, insert the following:
  «Art. 1-bis.
  (Interventions to favor the recovery of Italian roots of ‘oriundi’ and the consequent acquisition of Italian citizenship)
  1. To article 27 of legislative decree July 25, 1998, n. 286 [Immigration Law], … the following is inserted: “1-octies. Entry and stay for subordinate work is permitted, outside the quotas…, for the foreigner resident abroad, descendant of an Italian citizen and in possession of the citizenship of a State of destination of significant Italian emigration flows, identified by decree…”.
  2. To article 9, comma 1, of law February 5, 1992, n. 91 [Citizenship Law – Naturalization], the following modifications are made:
     a) in letter a) the words: “, or who was born in the territory of the Republic and, in both cases, has legally resided there for at least three years” are replaced by: “who legally resides in the territory of the Republic for at least two years”;
     b) after letter a) the following is inserted: “a-bis) to the foreigner born in the territory of the Republic who has legally resided there for at least three years;”».
• What This Means (The Human Angle):
  This new article, separate from the direct Tajani Decree changes, aims to help descendants connect with Italy:
  • Easier Work Entry: Descendants of Italian citizens from countries with significant Italian emigration (think Argentina, Brazil, USA, etc. – the specific list will come later) can get permission to enter and work in Italy outside the usual strict immigration quotas. This is a big deal, as it provides a legal pathway to move to Italy.
  • Faster Naturalization for Some:
    • If you are the child or grandchild (up to the second degree) of an Italian citizen by birth, the residency requirement for naturalization (becoming a citizen after living in Italy, a different process from ius sanguinis) is reduced from 3 years to 2 years.
    • If you were born in Italy (even to foreign parents) and have lived there legally for at least 3 years, you can apply for naturalization.
  • This doesn’t directly change the ius sanguinis rules for ancestry but offers alternative routes: come to Italy to work more easily, and then, if you have close Italian ancestry or were born there, you might naturalize faster.

Answering Your Key Questions Based on These Approved Amendments:

1. What about great-grandparent or great-great-grandparent lines?
   • Directly under the amended Tajani Decree (Art. 3-bis): Unfortunately, the core “exception conditions” (now focused on a parent or grandparent who was exclusively Italian) do not extend to great-grandparents (bisnonni) or great-great-grandparents (trisnonni) as the qualifying ancestor for ius sanguinis recognition if you missed the March 27 deadline.
   • Indirectly via the new “Art. 1-bis” (work permit & naturalization):
     • The new work permit pathway for “descendants of an Italian citizen” from key emigration countries could potentially include those with more distant ancestry (the law doesn’t specify a degree limit here). If you could get this permit and move to Italy, you would then be looking at naturalization.
     • However, the reduced naturalization residency (2 years) is only for children/grandchildren of citizens by birth. For those with a great-grandparent or more distant ancestor, the standard naturalization period (usually 10 years for non-EU, unless other specific conditions apply) would likely still be the path after establishing residency.
   • Bottom Line for Great/Great-Great-Grandparents: These specific committee-approved amendments do not create a direct ius sanguinis path through the Tajani Decree’s exceptions based solely on a great-grandparent or more distant ancestor. An indirect, longer route via a new work permit and standard naturalization might be a possibility for some, but it’s not a direct recognition of citizenship by descent.
2. Impact on the “Minor Issue” (Ancestor naturalized before descendant’s majority):
   • No Direct Change to the Principle: The fundamental Italian legal principle – that if an Italian citizen ancestor naturalized as a citizen of another country before their child (your next ancestor in line) reached the age of majority (21 before 1975, 18 thereafter), the chain of Italian citizenship transmission is broken for that line – is not explicitly changed by these approved amendments.
   • Potential New Complication with “Exclusively Italian” Clause: The new condition “c)” in the amended Art. 3-bis (requiring a parent or grandparent to have possessed exclusively Italian citizenship) could introduce a new layer of complexity.
     • If your Italian ancestor (parent/grandparent generation for this specific rule) naturalized but retained their Italian citizenship (i.e., held dual citizenship) and passed away holding both, they would not meet the “exclusively Italian” requirement. This could block this specific exception path, even if the “minor issue” wasn’t a problem for that particular link (e.g., if naturalization happened after their child’s majority, but they died as a dual citizen).
     • If the ancestor naturalized and in doing so lost their Italian citizenship (as was often the case before 1992), then at the moment of their death (if after naturalization) they did not possess Italian citizenship at all, let alone exclusively. This would also fail the “exclusively Italian” test.
   • In essence: While the “minor issue” itself (citizenship lost by ancestor before child’s majority breaks the line) isn’t directly altered, the new “exclusively Italian” requirement for parents/grandparents to qualify for an exception to the Tajani Decree adds another stringent condition that could impact many, including some who might have cleared the “minor issue” hurdle for a specific generation but now face this new test.

Where Do We Stand Now?

The May 8th committee session shows a government and majority willing to make some adjustments (not necessarily good) to the initial, harsh Tajani Decree. There’s a clear attempt to:

• Shift from “birth in Italy” as the sole anchor for exceptions to a more nuanced (though complex) idea of “exclusive Italian citizenship” of an ancestor (parent or grandparent).
• Provide some relief for those caught by the sudden deadline, especially if an appointment was already in the system.
• Offer specific pathways for minor children, particularly those whose parents were “saved” by the initial deadline.
• Create alternative routes to Italy and, eventually, citizenship through work permits and slightly modified naturalization rules for some descendants.

However, the core retroactivity of the Tajani Decree seems to remain, and the new conditions (like “exclusively Italian”) will undoubtedly create new challenges and require careful interpretation. The path for those relying on great-grandparents or more distant ancestors for direct ius sanguinis recognition under the Decree’s exceptions has not been opened by these amendments.

What’s Next?
These “testo 2” amendments will now proceed to the full Senate for debate and voting. If approved, the bill moves to the Chamber of Deputies for a similar process. The deadline for final conversion into law is May 27, 2025.

The situation is still evolving. We are seeing some compromises, but the overall landscape for Italian citizenship by descent is becoming significantly more complex. Stay tuned for further updates as this critical legislation moves through the Italian Parliament.

And, as always, if these changes might affect you, reaching out to an experienced Italian citizenship lawyer is your best next step to understand your specific options.