Breaking – Decreto Legge 36 2025

There is a significant and unexpected development regarding Italian citizenship law jure sanguinis (by descent). On March 28, 2025, the Italian Government approved DECRETO LEGGE 36 2025, which was published in the Official Gazette on the same day and entered into force on March 29, 2025.

This Decree-Law, DECRETO LEGGE 36 2025, introduces substantial restrictions on the recognition of Italian citizenship for descendants born outside of Italy.

Key Provisions of the DECRETO LEGGE 36 2025:

1. New Requirements & Cut-Off Date: The decree introduces a new Article 3-bis to the Italian Citizenship Law (Law 91/1992). It states that individuals born abroad holding another citizenship will not be considered Italian citizens unless they meet specific criteria. Crucially, this new rule applies to everyone who had not formally submitted an administrative application (to a Consulate or Comune) or initiated a judicial proceeding (filed an appeal in Court) by 11:59 PM (Rome time) on March 27, 2025.
   
2. Exceptions for Future/Late Applications: For those who did not meet the March 27 deadline under DECRETO LEGGE 36 2025, Italian citizenship can now only be recognized if the applicant meets at least one of the following conditions:

• Has an Italian parent (or adoptive parent) who was born in Italy; OR
• Has an Italian parent (or adoptive parent) who resided in Italy for at least two consecutive years immediately before the applicant’s birth or adoption; OR
• Has an Italian grandparent (parent’s parent) who was born in Italy.

3. Parliamentary Conversion Required: As a Decree-Law (“Decreto-Legge”), DECRETO LEGGE 36 2025 is immediately effective but temporary. It must be converted into law by the Italian Parliament within 60 days from its publication (i.e., by late May 2025). If Parliament does not convert it, or converts it with significant amendments, the decree (or parts of it) could lose effect retroactively (ex tunc), meaning it would be treated as if it never existed.

Impact on Your Case regarding DECRETO LEGGE 36 2025:

For those clients whose judicial appeals are being prepared but had not yet filed before the March 27, 2025 deadline, this decree, DECRETO LEGGE 36 2025, currently poses a challenge which need careful consideration. Under the decree’s current terms, an appeal filed now might be deemed unfounded if you do not meet the new, stricter criteria (parent/grandparent born in Italy or parent resident).

Our Legal Assessment and Strategy on DECRETO LEGGE 36 2025:

Despite the immediate effect of this decree, we share the view expressed by legal experts, including ourselves, that DECRETO LEGGE 36 2025 raises serious constitutional concerns. These include:

• Violation of Equality (Art. 3, Constitution): It creates discrimination between descendants based on arbitrary factors like application timing or ancestor’s place of birth.
• Retroactivity Issues: It attempts to retroactively revoke citizenship rights potentially acquired at birth under previous laws, contradicting principles of legal certainty and legitimate expectations. Consider insights from past laws like the 1912 law.
• Potential Illegitimacy (Art. 77, Constitution): The justification of “extraordinary necessity and urgency” for using a decree-law like DECRETO LEGGE 36 2025 for such a fundamental reform is questionable.

Given these significant legal flaws and the requirement for Parliamentary conversion within 60 days, there is a tangible possibility that:
a) The Parliament may not convert the DECRETO LEGGE 36 2025 into law, causing it to lapse entirely.
b) The Parliament may convert the decree with amendments, potentially removing or postponing the retroactive cut-off date (March 27, 2025).
c) The decree, even if converted, could be successfully challenged before the Italian Constitutional Court and declared unconstitutional. Read about other court rulings like the Bologna court’s ruling for context.

In light of the above, while acknowledging the current legal uncertainty created by the DECRETO LEGGE 36 2025, I believe there is merit in proceeding with the filing of judicial appeal , even before the 60 days parliament conversion deadline. Filing now, even after the March 27 deadline, serves to formally register your claim. Should the decree lapse or be favorably amended (e.g., the deadline is pushed back), your appeal would then be considered timely and assessed under the pre-existing, less restrictive rules. Futhermore, even in the worst case scenario (i.e. the Parliament converts the Decree in its entirerety, without amendments) the new law will be challenged before the Constitutional Court and the case will be suspendend (and “kept alive”, so to speak) untile the Courts will render its ruling.

We all understand this news regarding DECRETO LEGGE 36 2025 is concerning. However, we want to reassure you that the situation is fluid. The principles of ius sanguinis are deeply rooted in Italian history and law, and legal challenges to this decree are highly probable.

I remain committed to defending your right to Italian citizenship and exploring all benefits of Italian citizenship for you.

Please do not hesitate to contact me if you have immediate questions. I will continue to monitor the parliamentary process closely and provide further updates on DECRETO LEGGE 36 2025 as they become available on this page.

Avvocato Michele Vitale

FAQs about DECRETO LEGGE 36 2025

Q: What is DECRETO LEGGE 36 2025 concerning Italian citizenship?

A: DECRETO LEGGE 36 2025 is an Italian decree-law enacted on March 28, 2025, introducing significant restrictions for obtaining Italian citizenship by descent (jure sanguinis) for individuals born outside Italy. It primarily establishes a cut-off date of March 27, 2025, for applications under the previous, less restrictive rules, and sets new conditions for future applicants.

Q: Who is affected by the restrictions in DECRETO LEGGE 36 2025?

A: The decree affects individuals seeking Italian citizenship by descent who had not formally submitted an administrative application (to a Consulate or Comune) or initiated a judicial proceeding by 11:59 PM (Rome time) on March 27, 2025. Those applying after this date are subject to stricter criteria, such as having an Italian parent or grandparent born in Italy, or a parent residing in Italy before their birth.

Q: Can DECRETO LEGGE 36 2025 be challenged or overturned?

A: Yes, DECRETO LEGGE 36 2025 faces potential legal challenges. As a decree-law, it must be converted into law by the Italian Parliament within 60 days (by late May 2025). Parliament could choose not to convert it, amend it (e.g., change the cut-off date), or it could be declared unconstitutional by the Italian Constitutional Court due to concerns about equality, retroactivity, and the necessity for using an urgent decree. See related discussions on challenges to jus sanguinis.

Q: What should I do if my Italian citizenship application was not filed before the March 27, 2025 deadline set by DECRETO LEGGE 36 2025?

A: Even if you missed the deadline under DECRETO LEGGE 36 2025, legal experts suggest proceeding with filing a judicial appeal. This registers your claim. If the decree lapses, is favorably amended by Parliament, or is found unconstitutional, your appeal filed after the deadline might still be considered under the previous, more lenient rules. Consult with your legal representative for specific advice regarding your Italian citizenship jure sanguinis case.