Some Changes Worsen Impact (Full Translation Included)
In a critical legislative step, the Italian Senate gave its approval on May 15, 2025, to the bill converting the controversial Decree-Law 36/2025 (the “Tajani Decree”) into permanent law. The text, as amended by the Senate’s Constitutional Affairs Committee in recent intense sessions (see updates from May 9th and May 13th regarding the language requirement), now proceeds to the Chamber of Deputies as A.C. 2402 (formerly A.S. 1432 in the Senate). This Tajani Decree Senate approval marks a significant moment, solidifying many of the proposed changes, some of which are unfortunately seen as even more punitive than the original decree for those seeking Italian citizenship by descent.
While the bill must still pass the Chamber of Deputies, likely by the end of next week, the Senate’s vote provides a clear indication of the law’s likely final form. This article breaks down the key modifications now enshrined in the Senate-approved text, and includes a full translation of the approved bill further below. You can follow the overall discussion in our news section.
Overview of the Senate-Approved Text: Core Restrictions Remain, Some Worsened
The bill approved by the Senate retains the core restrictive framework of the original Tajani Decree’s Article 3-bis, including its controversial retroactive application. However, several amendments incorporated by the Constitutional Affairs Committee, and now confirmed by the full Senate, have introduced new complexities and, in some cases, arguably harsher conditions.
The “Exclusive Italian Citizenship” Clause: A Significant New Hurdle (Art. 3-bis, letter c)
One of the most alarming changes confirmed by the Tajani Decree Senate approval is the revised text for letter c) of Article 3-bis. This clause provides an exception to the decree’s main rule (which denies citizenship to those born abroad with another nationality unless specific conditions are met). The new wording states that an exception applies if:
«c) un ascendente di primo o di secondo grado possiede, o possedeva al momento della morte, esclusivamente la cittadinanza italiana »;
Translation: “c) an ascendant of the first or second degree (parent or grandparent) possesses, or possessed at the time of death, exclusively Italian citizenship;”
Why this is problematic: This “exclusivity” requirement is a major regression. The typical Italian emigrant, especially those who left in earlier waves, often naturalized in their new host country (e.g., USA, Argentina, Brazil, Canada). Upon naturalization, particularly before 1992, they frequently lost their Italian citizenship or, if they retained it, certainly did not possess it “exclusively” if they also held the citizenship of their new homeland. Therefore, proving that a parent or grandparent held *only* Italian citizenship at the time of their death (or currently, if living) will be an incredibly difficult, if not impossible, bar for many descendants to clear. This condition fails to recognize the historical reality of Italian emigration and naturalization patterns, making this specific exception far less accessible than its predecessor in the original decree, which simply required the parent/adopter to be born in Italy (original letter c) or a grandparent to be born in Italy (original letter e, now suppressed). A deeper risk analysis by Prof. Bonato highlighted such potential issues early on.
Other Key Modifications Confirmed in the Senate’s Approved Text
The text approved by the Senate (A.S. 1432, now A.C. 2402) incorporates several other critical changes from the committee stage:
New Letter `a-bis)` (Appointments by March 27, 2025): Citizenship can be recognized under the pre-decree rules if an application (with necessary documentation) was submitted to the consulate or mayor on the day of an appointment that was officially communicated to the applicant by March 27, 2025 (by 23:59 Rome time). This offers some leeway for those with appointments confirmed by the deadline. (See our previous amendment breakdown for initial discussions.)
Revised Letter `d)` (Parental Residency): This exception now requires “a parent or adopter to have been resident in Italy for at least two consecutive years *subsequently to their acquisition of Italian citizenship* and *before* the date of birth or adoption of the child.” This specifies the timing of the parent’s residency relative to their own citizenship status.
Suppression of Original Letter `e)`: The original exception, which allowed qualification if “an Italian citizen ascendant of the first degree of the citizen parents or adopters was born in Italy” (i.e., an Italian-born grandparent), has been removed. Its essence is partly, and more restrictively, absorbed into the new letter c).
Modifications to Law 91/1992 Regarding Minors:
New Art. 4, comma 1-bis (L.91/92): A foreign or stateless minor, whose parent is an Italian citizen by birth, becomes a citizen if the parents/guardian declare this intent AND either (a) the minor legally resides in Italy for at least two continuous years after the declaration, OR (b) the declaration is submitted within one year of the minor’s birth or from the date filiation from an Italian citizen is established. (See general info on minors and Italian citizenship).
New 1-ter (DDL text, impacting current minors): For minors (at the time the conversion law enters force) whose parents qualified under the Tajani Decree’s saving clauses (Art. 3-bis, letters a, a-bis, and b), the declaration under the new Art. 4, c.1-bis, lett. b) can be submitted by May 31, 2026. This provides a window to address some “minor issue” scenarios for families who met the initial deadline.
New 1-quater (DDL text, amending Art. 14, L.91/92): When a parent acquires/reacquires Italian citizenship, their minor child automatically acquires it *only if* the minor is legally resident in Italy for at least two continuous years, or since birth if younger than two. This is a new restriction on the previously broader automatic acquisition by minors.
New Article `1-bis` (DDL Text – Facilitating Oriundi Integration):
Allows descendants of Italian citizens from countries with significant Italian emigration to enter and stay for work in Italy outside of standard immigration quotas.
Reduces the naturalization residency requirement for children/grandchildren (up to 2nd degree) of citizens by birth to 2 years (from 3). Also confirms a path for those born in Italy with 3 years of legal residency to apply for naturalization.
New Article `1-ter` (DDL Text – Reacquisition for Ex-Citizens):
This incorporates the government’s amendment (previously 1.0.500). It allows those born in Italy or resident there for at least two continuous years who lost citizenship under specific articles of the 1912 Law to reacquire it by declaration between July 1, 2025, and December 31, 2027. This is explicitly “without prejudice to Article 3-bis” and has a €250 fee.
A Significant Relief: Controversial Language Requirement for Existing Citizens (Former Amd. 1.0.8) NOT in Senate-Approved Text
One of the most fiercely debated proposals during the committee stage was Amendment 1.0.8, which aimed to impose a B1 Italian language requirement on *existing* Italian citizens (born and resident abroad, with parents and grandparents also born abroad) to *maintain* their citizenship. Our May 13th update indicated this had been approved by the committee.
However, a careful review of the official “Disegno di Legge Approvato dal Senato della Repubblica il 15 maggio 2025” (A.S. 1432) reveals that **this amendment (1.0.8) does not appear to be included in the final text passed by the Senate.** This is a very significant development and a point of considerable relief. While the reasons for its exclusion from the final Senate bill (after reported committee approval) are not yet fully clear, its absence means that, for now, this particular retroactive burden on existing citizens is not part of the bill moving to the Chamber of Deputies.
This doesn’t mean the fight is over, as legislative texts can change, but its omission from the Senate-approved version is a noteworthy positive in an otherwise challenging landscape regarding the current debate on Italian citizenship.
Implications and Outlook After Tajani Decree Senate Approval
The Tajani Decree Senate approval solidifies a legislative framework that is undeniably more restrictive for many aspiring Italian citizens by descent. The “exclusive Italian citizenship” requirement for ancestors is a particularly harsh development. The new condition on minors automatically acquiring citizenship when their parents do also adds a hurdle.
While the new provisions for “oriundi” work permits and the reacquisition window for certain ex-citizens offer some targeted pathways, they do not offset the broad impact of the core Article 3-bis restrictions. The apparent dropping of the language requirement for existing citizens (former 1.0.8) is a welcome development, but vigilance is needed as the bill progresses.
The focus now shifts to the Chamber of Deputies. The government will aim for swift approval to meet the decree’s conversion deadline (late May 2025). It remains to be seen if any further amendments will be considered or if the Chamber will approve the text as received from the Senate. The role of the Italian Constitutional Court may also come into play later regarding the constitutionality of some of these provisions.
For those navigating this complex and changing environment, seeking professional legal advice tailored to your specific circumstances is more crucial than ever.
Full English Translation of Bill A.C. 2402 (Approved by Senate May 15, 2025)
Herebelow the full updated translated text of the Decree as approved by the Senate:
Chamber of Deputies
Parliamentary Acts — 1 — XIX LEGISLATURE — BILLS AND REPORTS — DOCUMENTS
CHAMBER OF DEPUTIES N. 2402
BILL
APPROVED BY THE SENATE OF THE REPUBLIC
on May 15, 2025 (see Senate print No. 1432)
PRESENTED BY THE PRESIDENT OF THE COUNCIL OF MINISTERS
(MELONI)
BY THE MINISTER OF FOREIGN AFFAIRS
AND INTERNATIONAL COOPERATION
(TAJANI)
AND BY THE MINISTER OF THE INTERIOR
(PIANTEDOSI)
IN AGREEMENT WITH THE MINISTER OF JUSTICE
(NORDIO)
AND WITH THE MINISTER OF ECONOMY AND FINANCE
(GIORGETTI)
Conversion into law, with modifications, of decree-law March 28, 2025, n. 36, containing urgent provisions on citizenship
Transmitted by the President of the Senate of the Republic
on May 15, 2025
Parliamentary Acts — 2 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
BILL
Art. 1.
1. Decree-Law March 28, 2025, n. 36, containing urgent provisions on citizenship, is converted into law with the modifications reported in the annex to this law.
2. This law enters into force on the day following its publication in the Gazzetta Ufficiale.
Parliamentary Acts — 3 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
ANNEX
MODIFICATIONS INTRODUCED BY THE COMMITTEE
To Article 1:
to comma 1, heading Art. 3-bis, comma 1:
after letter a) the following is inserted:
«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 competent consular office or 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 of March 27, 2025 »;
letter c) is replaced by the following:
«c) an ascendant of the first or second degree possesses, or possessed at the time of death, exclusively Italian citizenship »;
letter d) is replaced by 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 »;
letter e) is suppressed;
after comma 1 the following are inserted:
« 1-bis. To article 4 of law February 5, 1992, n. 91, the following modifications are made:
a) to comma 1, alinea, after the words: “second degree” the following are inserted: “are or”;
b) 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 the acquisition of citizenship and one of the following requirements is met:
a) subsequently to the declaration, the minor legally resides 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 it if in possession of another citizenship.”.
1-ter. For minors at the date of entry into force of the conversion law of this decree, children of citizens by birth referred to
Parliamentary Acts — 4 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
to article 3-bis, comma 1, letters a), a-bis) 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.
1-quater. To article 14, comma 1, of law February 5, 1992, n. 91, the following period is added at the end: “The first period applies if, on the date of acquisition or reacquisition of citizenship by the parent, the minor legally resides in Italy for at least two consecutive years or, if under two years of age, since birth” ».
After article 1 the following are inserted:
« Art. 1-bis.(Provisions to favor the recovery of the Italian roots of oriundi and the consequent acquisition of Italian citizenship)
1. To article 27 of the consolidated text of provisions concerning the discipline of immigration and norms on the condition of foreigners, referred to in legislative decree July 25, 1998, n. 286, after comma 1-septies the following is inserted:
“1-octies. Entry and stay for subordinate work is permitted, outside the quotas referred to in article 3, comma 4, with the procedures referred to in article 22, to 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 of the Minister of foreign affairs and international cooperation, in concert with the Ministers of the interior and of labor and social policies”.
2. To article 9, comma 1, of law February 5, 1992, n. 91, the following modifications are made:
a) to letter a), after the words: “second degree” the following are inserted: “are or” and 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 the following: “and 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”.
Art. 1-ter.(Reacquisition of citizenship in favor of ex-citizens)
1. To law February 5, 1992, n. 91, the following modifications are made:
a) to article 9-bis, comma 2, after the word: “cittadinanza” (citizenship) the following are inserted: “, with the exception of declarations of reacquisition presented before a consular office,”;
b) to article 17, comma 1 is replaced by the following:
“1. Without prejudice to the provisions of article 3-bis, whoever was born in Italy or was resident there for at least two consecutive years and lost citizenship in application of article 8, numbers 1 and 2, or
Parliamentary Acts — 5 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
of article 12 of law June 13, 1912, n. 555, reacquires it if they make a declaration to that effect on a date between July 1, 2025, and December 31, 2027″.
2. To section I of the table of consular fees to be collected by diplomatic and consular offices, annexed to legislative decree February 3, 2011, n. 71, after article 7-bis the following is inserted:
“Art. 7-ter. – Declaration of reacquisition of citizenship: euro 250″ ».
Parliamentary Acts — 6 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
Decree-Law March 28, 2025, n. 36, published in the Gazzetta Ufficiale n. 73 of March 28, 2025.
TEXT OF THE DECREE-LAW
—
Urgent provisions on citizenship.
THE PRESIDENT OF THE REPUBLIC
Having regard to articles 77 and 87, fifth comma, of the Constitution;
Having regard to law August 23, 1988, n. 400, concerning « Discipline of Government activity and organization of the Presidency of the Council of Ministers » and, in particular, article 15;
Having regard to the civil code approved by royal decree June 25, 1865, n. 2358, and in particular articles 4 to 15;
Having regard to law June 13, 1912, n. 555, concerning dispositions « On Italian citizenship »;
Having regard to law April 21, 1983, n. 123, concerning « Provisions on citizenship »;
Having regard to law February 5, 1992, n. 91, concerning « New norms on citizenship »;
Having regard to legislative decree September 1, 2011, n. 150, concerning « Supplementary provisions to the code of civil procedure on the reduction and simplification of civil cognitive proceedings, pursuant to article 54 of law June 18, 2009, n. 69 » and in particular article 19-bis;
Considering that the provisions subsequently adopted on citizenship starting from national reunification have so far been interpreted as granting persons born abroad the faculty to request recognition of citizenship without any temporal or generational limit nor burdens of demon-
TEXT OF THE DECREE-LAW INCLUDING THE MODIFICATIONS INTRODUCED BY THE SENATE OF THE REPUBLIC
—
Urgent provisions on citizenship.
THE PRESIDENT OF THE REPUBLIC
Having regard to articles 77 and 87, fifth comma, of the Constitution;
Having regard to law August 23, 1988, n. 400, concerning « Discipline of Government activity and organization of the Presidency of the Council of Ministers » and, in particular, article 15;
Having regard to the civil code approved by royal decree June 25, 1865, n. 2358, and in particular articles 4 to 15;
Having regard to law June 13, 1912, n. 555, concerning dispositions « On Italian citizenship »;
Having regard to law April 21, 1983, n. 123, concerning « Provisions on citizenship »;
Having regard to law February 5, 1992, n. 91, concerning « New norms on citizenship »;
Having regard to legislative decree September 1, 2011, n. 150, concerning « Supplementary provisions to the code of civil procedure on the reduction and simplification of civil cognitive proceedings, pursuant to article 54 of law June 18, 2009, n. 69 » and in particular article 19-bis;
Considering that the provisions subsequently adopted on citizenship starting from national reunification have so far been interpreted as granting persons born abroad the faculty to request recognition of citizenship without any temporal or generational limit nor burdens of demon-
Parliamentary Acts — 7 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
strating the existence or maintenance of effective ties with the Republic;
Considering that this normative framework determines the continuous and exponential growth of the pool of potential Italian citizens residing outside the national territory and who, also due to the possession of one or more citizenships other than Italian, are predominantly linked to other States by profound ties of culture, identity, and loyalty;
Considering that the possible absence of effective ties with the Republic in an increasing number of citizens, which could reach a consistency equal to or greater than the population residing in the national territory, constitutes a serious and current risk factor for national security and, by virtue of Italy’s membership in the European Union, of the other Member States thereof and of the Schengen Area;
Considering that, in application of the principle of proportionality, it is appropriate to provide for the maintenance of Italian and, consequently, European citizenship for persons born and resident abroad to whom citizenship status has already been validly recognized;
Considering that it is appropriate to provide for the application of the pre-existing substantive legislation to jurisdictional disputes and administrative proceedings initiated prior to the deliberation of the Council of Ministers of this decree;
Therefore, deeming the extraordinary necessity and urgency to introduce limitations on the automatic transmission of Italian citizenship to persons born and resident abroad, conditioning it on clear indices of the existence of effective ties with the Republic;
Therefore, deeming the extraordinary necessity and urgency to operate a balancing between the principles referred to in articles 1 and 3 of the Constitution, applying the aforementioned limitations to all future recognitions of Italian citizenship and avoiding the intrinsic unreasonableness of recognitions of Italian citizenship according to criteria different
strating the existence or maintenance of effective ties with the Republic;
Considering that this normative framework determines the continuous and exponential growth of the pool of potential Italian citizens residing outside the national territory and who, also due to the possession of one or more citizenships other than Italian, are predominantly linked to other States by profound ties of culture, identity, and loyalty;
Considering that the possible absence of effective ties with the Republic in an increasing number of citizens, which could reach a consistency equal to or greater than the population residing in the national territory, constitutes a serious and current risk factor for national security and, by virtue of Italy’s membership in the European Union, of the other Member States thereof and of the Schengen Area;
Considering that, in application of the principle of proportionality, it is appropriate to provide for the maintenance of Italian and, consequently, European citizenship for persons born and resident abroad to whom citizenship status has already been validly recognized;
Considering that it is appropriate to provide for the application of the pre-existing substantive legislation to jurisdictional disputes and administrative proceedings initiated prior to the deliberation of the Council of Ministers of this decree;
Therefore, deeming the extraordinary necessity and urgency to introduce limitations on the automatic transmission of Italian citizenship to persons born and resident abroad, conditioning it on clear indices of the existence of effective ties with the Republic;
Therefore, deeming the extraordinary necessity and urgency to operate a balancing between the principles referred to in articles 1 and 3 of the Constitution, applying the aforementioned limitations to all future recognitions of Italian citizenship and avoiding the intrinsic unreasonableness of recognitions of Italian citizenship according to criteria different
Parliamentary Acts — 8 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
depending on a casual factor not indicative of effective ties with the Republic, such as the birth of the applicants, instead of the effective exercise of rights or fulfillment of duties connected with citizenship status;
Deeming the extraordinary necessity and urgency to introduce measures to avoid, pending the approval of an organic reform of the provisions on citizenship, an exceptional and uncontrolled influx of applications for recognition of citizenship, such as to impede the orderly functioning of consular offices abroad, municipalities, and judicial offices;
Having regard to the deliberation of the Council of Ministers, adopted at the meeting of March 28, 2025;
On the proposal of the President of the Council of Ministers and the Ministers of Foreign Affairs and International Cooperation and of the Interior, in concert with the Ministers of Justice and of Economy and Finance;
ISSUES
the following decree-law:
Article 1.
(Urgent provisions on citizenship)
1. To law February 5, 1992, n. 91, after article 3 the following is inserted:
« Art. 3-bis – 1. Notwithstanding articles 1, 2, 3, 14 and 20 of this law, article 5 of law April 21, 1983, n. 123, articles 1, 2, 7, 10, 12 and 19 of law June 13, 1912, n. 555, as well as articles 4, 5, 7, 8 and 9 of the civil code approved by royal decree June 25, 1865, n. 2358, whoever is born abroad even before the date of entry into force of this article and is in possession of
depending on a casual factor not indicative of effective ties with the Republic, such as the birth of the applicants, instead of the effective exercise of rights or fulfillment of duties connected with citizenship status;
Deeming the extraordinary necessity and urgency to introduce measures to avoid, pending the approval of an organic reform of the provisions on citizenship, an exceptional and uncontrolled influx of applications for recognition of citizenship, such as to impede the orderly functioning of consular offices abroad, municipalities, and judicial offices;
Having regard to the deliberation of the Council of Ministers, adopted at the meeting of March 28, 2025;
On the proposal of the President of the Council of Ministers and the Ministers of Foreign Affairs and International Cooperation and of the Interior, in concert with the Ministers of Justice and of Economy and Finance;
ISSUES
the following decree-law:
Article 1.
(Urgent provisions on citizenship)
1. Identical text (referring to original decree-law’s insertion of Art. 3-bis):
« Art. 3-bis. – 1. Identical text (referring to the main restrictive clause):
Parliamentary Acts — 9 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
another citizenship, is considered never to have acquired Italian citizenship, unless one of the following conditions is met:
a) 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 competent consular office or mayor no later than 11:59 PM, Rome time, of the same date;
b) the citizen status of the interested party is judicially ascertained, in compliance with the legislation applicable on March 27, 2025, following a judicial application submitted no later than 11:59 PM, Rome time, of the same date;
c) a citizen parent or adopter was born in Italy;
d) a citizen parent or adopter was resident in Italy for at least two consecutive years before the date of birth or adoption of the child;
e) an Italian citizen ascendant of the first degree of the citizen parents or adopters was born in Italy. ».
another citizenship, is considered never to have acquired Italian citizenship, unless one of the following conditions is met:
a) identical;
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 competent consular office or 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 of March 27, 2025;
b) identical;
c) an ascendant of the first or second degree possesses, or possessed at the time of death, exclusively Italian citizenship;
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 ».
(Original letter e is suppressed)
1-bis. To article 4 of law February 5, 1992, n. 91, the following modifications are made:
a) to comma 1, alinea, after the words: « second degree » the following are inserted: « are or »;
b) 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
Parliamentary Acts — 10 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
2. To article 19-bis of legislative decree September 1, 2011, n. 150, the following modifications are made:
a) the heading is replaced by the following: « Controversies concerning the ascertainment of statelessness and Italian citizenship »;
b) after comma 2 the following are added:
« 2-bis. Except for cases expressly provided for by law, in controversies concerning the ascertainment of Italian citizenship, oath and testimonial proof are not admitted.
2-ter. In controversies concerning the ascertainment of Italian citizenship, whoever requests the ascertainment of citizenship is
guardian declare the will for the acquisition of citizenship and one of the following requirements is met:
a) subsequently to the declaration, the minor legally resides 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 it if in possession of another citizenship ».
1-ter. For minors at 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), a-bis) 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.
1-quater. To article 14, comma 1, of law February 5, 1992, n. 91, the following period is added at the end: « The first period applies if, on the date of acquisition or reacquisition of citizenship by the parent, the minor legally resides in Italy for at least two consecutive years or, if under two years of age, since birth ».
2. Identical (referring to modifications to Art. 19-bis of Leg. Decree 150/2011).
Parliamentary Acts — 11 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
obliged to allege and prove the non-existence of causes of non-acquisition or loss of citizenship provided for by law. ».
(The original decree-law text ends here for Article 1. The following Articles 1-bis and 1-ter are new additions from the Senate.)
Article 1-bis.
(Provisions to favor the recovery of the Italian roots of oriundi and the consequent acquisition of Italian citizenship)
1. To article 27 of the consolidated text of provisions concerning the discipline of immigration and norms on the condition of foreigners, referred to in legislative decree July 25, 1998, n. 286, after comma 1-septies the following is inserted:
« 1-octies. Entry and stay for subordinate work is permitted, outside the quotas referred to in article 3, comma 4, with the procedures referred to in article 22, to 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 of the Minister of foreign affairs and international cooperation, in concert with the Ministers of the interior and of labor and social policies ».
2. To article 9, comma 1, of law February 5, 1992, n. 91, the following modifications are made:
a) to letter a), after the words: « second degree » the following are inserted: « are or » and 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 the following: « and 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 ».
Parliamentary Acts — 12 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
Article 2.
(Entry into force)
1. This decree enters into force on the day following its publication in the Gazzetta Ufficiale of the Italian Republic and will be presented to the Chambers for conversion into law.
This decree, bearing the State seal, will be included in the Official Collection of normative acts of the Italian Republic. It is mandatory for anyone concerned to observe it and ensure its observance.
Given in Rome, on March 28, 2025
Article 1-ter.
(Reacquisition of citizenship in favor of ex-citizens)
1. To law February 5, 1992, n. 91, the following modifications are made:
a) to article 9-bis, comma 2, after the word: « citizenship » the following are inserted: «, with the exception of declarations of reacquisition presented before a consular office, »;
b) to article 17, comma 1 is replaced by the following:
«1. Without prejudice to the provisions of article 3-bis, whoever was born in Italy or was resident there for at least two consecutive years and lost citizenship in application of article 8, numbers 1 and 2, or of article 12 of law June 13, 1912, n. 555, reacquires it if they make a declaration to that effect on a date between July 1, 2025, and December 31, 2027 ».
2. To section I of the table of consular fees to be collected by diplomatic and consular offices, annexed to legislative decree February 3, 2011, n. 71, after article 7-bis the following is inserted:
« Art. 7-ter. – Declaration of reacquisition of citizenship: euro 250 ».
(The original Art. 2 on entry into force is effectively replaced by Art. 1, comma 2 of the conversion law: “This law enters into force on the day following its publication in the Gazzetta Ufficiale.”)
Parliamentary Acts — 13 — Chamber of Deputies
XIX LEGISLATURE — A.C. 2402
MATTARELLA
MELONI, President of the Council of Ministers
TAJANI, Minister of Foreign Affairs and International Cooperation
What is the current status of the Tajani Decree (DL 36/2025)?
On May 15, 2025, the Italian Senate approved the bill (A.S. 1432) to convert Decree-Law 36/2025 into law, with modifications made by the Constitutional Affairs Committee. The approved text, detailed in this article on the Tajani Decree Senate Approval, has now been transmitted to the Chamber of Deputies (as A.C. 2402) for its examination and final approval, expected by the end of the following week.
What are the most problematic changes in the Tajani Decree Senate approved text?
One of the most concerning changes is the new wording of Article 3-bis, letter c). It requires an Italian ascendant (parent or grandparent) to possess or have possessed *exclusively* Italian citizenship at the time of death. This is problematic as many emigrants naturalized in other countries and thus did not hold Italian citizenship exclusively. This could make it much harder for their descendants to qualify under this exception to the decree’s main restrictions. Additionally, new rules for minors automatically acquiring citizenship when a parent does now require the minor to be resident in Italy. You can find further context in the initial amendments discussion.
Does the Senate-approved Tajani Decree text include the controversial language requirement for existing citizens (former amendment 1.0.8)?
Based on the official text of the bill approved by the Senate on May 15, 2025 (A.S. 1432), the highly controversial amendment 1.0.8, which proposed a B1 Italian language requirement for existing citizens under certain conditions to maintain their citizenship, does NOT appear to be included. This is a significant point of relief, although the bill still contains many restrictive elements for new jure sanguinis applicants.
How does the new ‘exclusive Italian citizenship’ clause affect descendants of Italian emigrants?
The new Article 3-bis, letter c) in the Tajani Decree Senate approval text requires the qualifying Italian parent or grandparent to have held *only* Italian citizenship (or held it exclusively at death). Since many Italian emigrants acquired citizenship in their new countries (e.g., USA, Argentina, Brazil), they often did not meet this ‘exclusivity’ criterion, especially if they naturalized before 1992 when dual citizenship was less common or automatic. This could severely limit the applicability of this exception, which is a key point in understanding the current debate on Italian citizenship.
What are the next steps for the Tajani Decree after Senate approval?
After the Tajani Decree Senate approval, the bill (now A.C. 2402) moves to the Chamber of Deputies for examination and voting. It must be definitively converted into law by late May 2025. If the Chamber approves it without further changes, it becomes law. If changes are made, it would have to return to the Senate, which is unlikely given the tight deadline.
You want to apply for Italian citizenship? Heads up. The very basis of Italian citizenship law, as we currently know it, is about to be examined closely. After a period filled with speculation, conflicting legal opinions, and a growing sense of uncertainty, Italy’s Constitutional Court has finally scheduled the date for its pronouncement on the…
If you’ve been following our ItalyGet blog, you know the journey to Italian citizenship jure sanguinis (by bloodline) is facing some headwinds. Recent legislative moves, often bundled under the “Decreto Tajani” discussions, have definitely stirred the pot, leading to real uncertainty about how long applications might take and what the process involves going forward. This…
The Unexpected Window of the Tajani Decree: A New Path for Citizenship… But Until When? (ATTENTION: This article presents a legal reflection on a potential and controversial interpretation of Decree Law 36/2025. It does NOT constitute legal advice. The situation is extremely fluid and subject to rapid legislative changes. It is strongly recommended to consult…
On November 27, 2024, the Ordinary Court of Bologna (Judge Marco Gattuso) issued an order raising questions about the constitutionality of Article 1 of Law No. 91 of February 5, 1992, concerning Italian citizenship by jus sanguinis. You can find the full court order in pdf at https://italyget.com/en/jus-sanguinis-questioned/. This order has sparked a lively debate in…
The new Circolare Italian Citizenship with Minor Issue, dated October 3rd, n° 43347 by Ministero dell’Interno, threatens all future (and, possibly) pending applications for citizenship with a “minor issue” filed in Italian town halls. Fortunately, completed applications are not affected as the circolare explicitly excludes them. I believe that this Circolare is probably illegitimate and…
I am happy to share with you my new video on the significance of the 1948 rule, that reshaped Italian citizenship eligibility, especially for descendants of Italian women. The 1948 Italian Constitution established gender equality, allowing women to pass on citizenship to their children, even if married to a foreigner.Prior to 1948, citizenship laws were…
