Tajani Decree Becomes Law 74/2025
📌 IMPORTANT 2026 UPDATE: Looking for our latest analysis of Law 74/2025, Constitutional Court Ruling No. 63/2026, and generational limits? Read our master guide: Law 74/2025 Italian Citizenship Guide — What Blocks Your Case & Where to Go From Here by Avv. Michele Vitale.
On May 23, 2025, President Sergio Mattarella signed the parliamentary conversion of Decree-Law 36/2025 (popularly known as the Tajani Decree) into Law No. 74/2025. Published in the Gazzetta Ufficiale and effective from May 24, 2025, this legislation introduced sweeping reforms to Italian nationality law (Law 91/1992), fundamentally altering jure sanguinis citizenship acquisition for individuals born abroad.
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What Is Law No. 74/2025? (Conversion of Decree 36/2025)
The passage of Law No. 74/2025 marked a historic turning point in Italian citizenship law. Originating as Decree-Law 36/2025 issued by the Italian Cabinet, the measure underwent parliamentary review in both the Chamber of Deputies and the Senate before receiving presidential assent. Official implementation guidelines have since been monitored closely across the Ministry of the Interior (Ministero dell’Interno) and the consular network of the Ministry of Foreign Affairs (MAECI).
While Parliament introduced minor technical amendments during conversion, the core framework of Article 3-bis remained intact, establishing a new statutory regime for jure sanguinis claims submitted by dual nationals born outside Italy.
Key Provisions of Article 3-bis and Generational Restrictions
Law 74/2025 inserted Article 3-bis into Italy’s foundational 1992 Citizenship Act (Law 91/1992). The statute establishes the following core principles:
- 1st and 2nd Degree Limits (Art. 3-bis, Para 1): For individuals born abroad who hold another nationality, Italian citizenship transmission is limited to those whose parent (1st degree) or grandparent (2nd degree) held exclusively Italian citizenship at the time of death or current date.
- The Safeguard Clause Cutoff (March 27, 2025): Applicants who submitted administrative filings at a consulate or Italian Comune, or who instituted judicial proceedings prior to March 27, 2025 (23:59 Rome time), are exempted from the new generational limits.
- Strict Judicial Criteria: Subsequent court decisions, such as the Bologna Court Ruling on Prenot@mi Waiting Lists, have clarified that unconfirmed portal queues or login attempts do not fulfill the safeguard requirements.
- Interplay with Law 555/1912: The reform reinforces strict interpretations regarding ancestor naturalization while children were minors (the “Minor Issue”), requiring comprehensive genealogical analysis for pre-1992 events.
Community Impact and Legal Perspectives
The enactment of Law 74/2025 generated widespread discussion throughout the global Italian diaspora, particularly in North America, South America, and Australia. Key areas of concern include:
- Retroactivity Concerns: Applicants with long-standing claims questioned the retroactive application of Article 3-bis to individuals born before the law’s enactment.
- The “Exclusive Citizenship” Benchmark: Because many historic Italian emigrants acquired foreign citizenship before 1992, satisfying the “exclusive Italian citizenship” requirement for 2nd-degree ascendants presents significant evidentiary challenges.
- Maternal Lineage (1948 Cases): The application of Law 74/2025 to 1948 maternal claims before the Corte d’Appello di Roma raises distinct constitutional questions regarding gender equality and non-discrimination.
Strategic Next Steps Under Law 74/2025
If you are navigating an active jure sanguinis claim or evaluating a future application, consider the following strategic measures:
- Verify Safeguard Eligibility: Audit your filing timestamps and consular communications against the March 27, 2025 cutoff.
- Review Consular Notices (Art. 10-bis): If you received a notice of intent to reject, read our 10-Bis Defense Strategy Guide before taking further action.
- Examine Judicial Remedies: For applicants facing consular delays or rejections, explore options under our Italian Citizenship Judicial Claims Overview.
- Maintain Document Lineage: Preserve all certified vital records, certificates of naturalization, and official non-naturalization records.
Frequently Asked Questions: Tajani Decree Now Law 74/2025
What is Law No. 74/2025 and when did it take effect?
Law No. 74/2025 is the parliamentary conversion of Decree-Law 36/2025. Signed by President Mattarella on May 23, 2025, and published in the Gazzetta Ufficiale, it took effect on May 24, 2025. The core generational provisions of Article 3-bis apply retroactively to filings initiated after March 27, 2025.
What are the main ways Law 74/2025 restricts Italian citizenship claims?
Article 3-bis restricts jure sanguinis recognition for dual nationals born abroad unless they satisfy specific exceptions. These include having submitted a complete application or court claim by March 27, 2025, or proving that a parent or grandparent held exclusively Italian citizenship at death or current date.
Why is the “exclusive Italian citizenship” requirement significant?
Article 3-bis, paragraph 1(c) requires that the qualifying Italian parent or grandparent held exclusively Italian citizenship. Because many emigrants naturalized in their host countries under earlier legal frameworks, establishing exclusive Italian nationality requires precise historical and legal documentation.
What was the President’s role in promulgating Law 74/2025?
Under Articles 73 and 74 of the Italian Constitution, after a bill passes both the Chamber of Deputies and the Senate, the President of the Republic must promulgate the text before publication in the Gazzetta Ufficiale. President Mattarella signed Law 74/2025 on May 23, 2025.
How do Ministry of Interior Circulars (Circolari) affect Law 74/2025?
Administrative circulars issued by the Ministry of the Interior provide operational instructions to consulates and comuni on how to apply statutory changes. While circulars guide administrative procedures, they remain subject to judicial review by Italian courts.
Can a consular rejection under Law 74/2025 be appealed in court?
Yes. Consular rejections and administrative suspensions can be appealed before the competent Italian court (Corte d’Appello) within statutory deadlines. For full details on the main reform, read our Master Law 74/2025 Citizenship Guide.
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