Italy’s New Citizenship Law: Parliament Approves Tajani Decree – What Now?
Posted May 20th 2025
The Italian Parliament has completed today May 20th its legislative review of the controversial Decree-Law No. 36/2025, commonly known as the “Tajani Decree.” The Chamber of Deputies has approved the version of the bill (now designated A.C. 2402) previously passed by the Senate, without any further amendments.
This marks a critical juncture. The next formal step is for the President of the Republic, Sergio Mattarella, to sign the bill into law. Once signed, it will be published in the Gazzetta Ufficiale (Official Gazette) and will officially take full effect the day after publication. This is expected to happen very soon, potentially on or before the end of this week.
This rapid and deeply impactful legislative process has left many in the Italian diaspora feeling outraged, confused, and deeply concerned about their birthright to Italian citizenship ius sanguinis.
What Just Happened? A Quick Recap
Decree-Law 36/2025 was introduced as an emergency measure on March 28, 2025, imposing significant, retroactive restrictions on acquiring Italian citizenship by descent. It faced intense debate and numerous amendment proposals in the Senate. Ultimately, a modified version was approved by the Senate and has now been fast-tracked through the Chamber of Deputies.
What Does the (Almost) Final Law Say? Key Impacts
While we await the official publication and any clarifying circulars from the Ministry of the Interior, the law passed by Parliament (based on Senate bill A.C. 2402) will codify the following critical changes to Law 91/1992:
- The New Article 3-bis – The Core Restriction:
- Retroactive Negative Presumption: Individuals born abroad with another citizenship are “considered never to have acquired” Italian citizenship, even if born before March 28, 2025, UNLESS they meet specific, narrow exceptions.
- The March 27, 2025 Deadline:
- Safeguard for Submitted Applications (Art. 3-bis, letter a): Citizenship is recognized under the old rules if a complete administrative application was submitted to a consulate or comune by 11:59 PM (Rome time) on March 27, 2025.
- The Appointment Conundrum (Art. 3-bis, letter a-bis): Citizenship is also recognized if an application (with documentation) was submitted on the day indicated by an appointment that was communicated to the applicant by the competent office by 11:59 PM on March 27, 2025. (More on this ambiguity below).
- Judicial Applications (Art. 3-bis, letter b): Court cases filed by March 27, 2025, are also safeguarded.
- Highly Restrictive Exception Conditions for Others (Art. 3-bis, letters c & d): For those not meeting the deadline, citizenship can now only be recognized if:
- (c) An ascendant of the first or second degree (parent or grandparent) possesses, or possessed at death, exclusively Italian citizenship. This is a major hurdle, as many emigrants acquired other citizenships.
- (d) A parent or adopter was resident in Italy for at least two consecutive years subsequently to their acquisition of Italian citizenship AND before the child’s birth/adoption.
- Elimination of Grandparent Born in Italy (as standalone): The original decree’s clause allowing qualification if a grandparent was born in Italy was removed as a separate path (and is now much more restrictively covered under the “exclusively Italian” clause).
- Changes to Naturalization and Minors (Articles 4, 9, 14):
- Article 4: Introduces new pathways for minors with an Italian parent by birth to acquire citizenship via parental declaration combined with residency or timely birth registration.
- Article 9: Reduces residency for naturalization for descendants of Italian citizens by birth from 3 to 2 years.
- Article 14 (Significant Restriction for Minors): Minors will now only automatically acquire citizenship when a parent acquires/reacquires it IF the minor has been legally resident in Italy for at least two years at that time (or since birth if younger).
- Limited Reacquisition Window (Amendment 1.0.500):
- A window from July 1, 2025, to December 31, 2027, is opened for certain individuals who lost citizenship under specific articles of the 1912 law to reacquire it. This does not affect new ius sanguinis claims under Art. 3-bis.
The Big Question: What About Appointments Booked Before March 27?
One of the most pressing ambiguities revolves around Article 3-bis, letter (a-bis), concerning appointments. The text states citizenship is recognized if an application was “submitted… on the day indicated by an appointment communicated to the interested party… by 11:59 PM… of March 27, 2025.”
- The Debate: Does this mean that if your appointment was booked and confirmed by the consulate/comune by March 27 (even if the appointment date itself was later), you are safe? Or does it mean the actual submission of documents had to occur on an appointment day that was fixed by March 27?
- Senatorial Intent: Some legal observers believe, based on statements from Senators involved in crafting this amendment, that the intent was to grandfather anyone with a confirmed appointment booked by the deadline, regardless of when the appointment itself was scheduled. The argument is that section (a) already covers fully submitted applications, so (a-bis) must mean something different.
- Uncertainty Remains: However, the wording is not crystal clear, and as some have pointed out, common practice in Italy often requires an official document confirming the istanza (application) has been formally received after an initial review. Until the Ministry of the Interior issues a circolare (explanatory circular), this will remain a significant point of anxiety. Consulates are already giving mixed signals or deferring guidance.
What Happens Now? The Legal Battles Begin
With the legislative process for DL 36 nearly concluded, the fight shifts to the judicial arena:
- Corte Costituzionale (Constitutional Court):
- This is Italy’s highest court for constitutional matters. It can review the new law and strike down all or parts of it if found unconstitutional (e.g., for violating principles of equality, retroactivity, legal certainty, or Art. 22).
- Cases can be referred to it by judges presiding over citizenship cases who believe the law they are asked to apply is unconstitutional.
- Senators (or other political bodies) can also directly petition the Court under certain conditions.
- The timeline for such challenges is unpredictable but can be lengthy.
- Corte di Cassazione (Court of Cassation):
- This is Italy’s highest court of appeal for non-constitutional matters. It cannot change the law but can issue rulings on how the law should be interpreted. Its interpretations are highly influential on lower courts.
- European Courts (ECJ/ICJ):
- If domestic remedies fail, and if the new law is found to be inconsistent with EU law (e.g., regarding the rights of EU citizens, as Italian citizenship confers EU citizenship), cases could potentially reach the European Court of Justice (ECJ). The International Court of Justice (ICJ) is less directly relevant for individual citizenship claims against a state’s own laws unless specific treaty violations are alleged. This is a longer-term possibility.
What About DDL 1450?
It’s crucial to remember that DDL 1450, the separate, complementary bill proposing further broad changes to citizenship law (including the “25-year rule” for maintaining ties and other measures), is still pending in the Senate and has not yet been significantly debated. While the Tajani Decree has been prioritized, DDL 1450 remains a potential future development to monitor.
The Human Element: Acknowledging the Impact
The passage of this law, especially its retroactive elements and the new language requirement for existing citizens, has understandably caused immense distress, anger, and a sense of betrayal within the Italian diaspora. Many have invested years and significant resources in pursuing their birthright, only to see the rules change dramatically and, for many, unfairly. The feeling that “the stability of law is even rattled, let alone hastily and blithely overturned” is a common sentiment. What was once ius sanguinis (right of blood) now feels to many like ius temporis, fortunis, or sortis – the law of timing, luck, or fate.
Our Commitment
We understand this is a turbulent and confusing time. We will continue to:
- Provide updates as they become available, particularly regarding the Presidential signature, publication in the Gazzetta Ufficiale, and any forthcoming ministerial circolari.
- Monitor developments regarding DDL 1450.
- Update our resources as soon as we have clear, definitive information, though this will be a significant task, so please be patient.
- Host discussions and provide a space for the community to share information and support.
The coming weeks will likely bring some clarification on the practical application of this new law, but the legal challenges will unfold over a much longer horizon. Stay informed, consult with qualified legal professionals regarding your specific situation, and know that this blog is here to navigate these uncertain times together.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The situation is evolving rapidly. Please consult with a qualified Italian immigration attorney for advice specific to your situation.
