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Italy's New Citizenship Law Changes: Law 74/2025 Explained

Last updated: June 3, 2026

Italy’s Decree Law 36/2025, also known as the “Tajani Decree”, and later converted into Law 74/2025, has reshaped jure sanguinis eligibility. This guide explains what has changed, who is affected, and where the rules stand today.

 

What Is Law 74/2025 and Why It Matters

In March 2025, Italy introduced a major reform to its citizenship framework, representing one of the most significant changes to Italian citizenship by descent, also known as jure sanguinis, in decades.

For over a century, Italian citizenship was treated as a right acquired at birth and passed through generations without limits. Law 74/2025 marks a shift away from that principle, introducing new restrictions on how citizenship by descent is recognized. 

 

Background: How Italian Citizenship Worked Before 2025

Before this reform, Italy’s citizenship system was based on the principle of jure sanguinis, or the “right of blood.”

Under that framework:

  • Citizenship was acquired automatically at birth
  • It passed from parent to child across generations
  • There was no formal generational limit, as long as the legal chain remained intact

The Core Requirement: An Unbroken Line

To qualify, applicants generally needed to demonstrate:

  • Their Italian ancestor was alive on March 17, 1861, when the Kingdom of Italy was formed (with exceptions for regions annexed later, such as parts of northern Italy)

  • Their Italian ancestor did not become a citizen of another country before July 1, 1912 (with exceptions for women involuntarily naturalized through marriage)

  • Their ancestor was still an Italian citizen at the time the next descendant was born (with exceptions for women involuntarily naturalized through marriage)

    • Note: The new “minor issue” interpretation, currently under review by the Court of Cassation, requires citizenship to be retained until the descendant reached legal adulthood

  • Citizenship passed continuously from one generation to the next with no voluntary renunciations or disqualifying naturalizations throughout the line

If these conditions were met, Italy considered the individual to have always been a citizen, even if recognition occurred decades later.

Always verify your eligibility through a professional evaluation, as important nuances exist. Cases involving women who transmitted citizenship before January 1, 1948, or who were involuntarily naturalized through marriage have always required pursuit through the courts. 

 

What the Tajani Decree Changed

Law 74/2025 introduced a new framework that significantly restricts automatic recognition of citizenship for descendants born abroad.

The law attempts to reshape citizenship from an automatic birthright into something closer to a conditional status.

The New Framework

If you were born outside Italy, you may now qualify to apply through consulates or Italian municipalities only if:

  • You satisfy the traditional lineage requirements, and
  • You fall into one of several specific exception categories

Key Exceptions Under the Law

You may still qualify under the previous rules if:

  • You submitted an application before March 27, 2025 with a consulate or municipality
  • You had a consular appointment (not a waitlist spot) confirmed before March 27, 2025
  • You had a court case filed before March 27, 2025
  • You have a parent or grandparent who held exclusive Italian citizenship (not dual citizenship) at the time of your birth
  • You have an Italian citizen parent who resided in Italy for at least two consecutive years prior to your birth

Applicants who meet these criteria may still be evaluated under the pre-2025 framework.

 

Administrative vs Court Applications: A Critical Distinction

It is essential to understand how the law operates in practice.

Administrative Applications (Consulates and Municipalities)

  • These are processing bodies, not courts
  • They must apply the law strictly as written
  • They have no discretion or interpretive authority

If you meet the new requirements and do not have a “1948” or involuntary naturalization case, you may proceed through a consulate or Comune.

Court Applications

Courts operate differently:

  • Judges have autonomy to interpret the law
  • Decisions are based on legal arguments and evidence
  • Outcomes can vary depending on the facts of the case and how each judge applies the law

Important: Regardless of qualification under the new rules, you always retain the right to bring your case before a judge for independent review.

 

The Legal Landscape: What Is Still Unsettled

Italian citizenship law is currently in a period of active legal development.

Constitutional Court Ruling (Judgment No. 63/2026)

On March 11, 2026, the Constitutional Court heard a challenge raised by the Court of Turin, arguing that the law was unconstitutional due to its retroactive effect. 

 

In its April 30, 2026 ruling, the Constitutional Court upheld the government’s authority to impose restrictions. It introduced the concept that citizenship by descent may be considered a “potential” right until formally recognized. In doing so, it attempts to address retroactivity concerns by reframing jure sanguinis as taking effect not at birth, but upon formal recognition.

However, the Court addressed only the narrow constitutional question raised by Turin and did not resolve every legal question surrounding the Tajani Decree.

It explicitly stated that key issues remain open, including:

  • The treatment of individuals who took action but did not secure an appointment prior to the deadline
  • The broader definition of what constitutes initiating the procedure

Evidence of Prior Intent: A Growing Legal Path

One of the most important developments is the concept of “prior intent.”

Following the Constitutional Court’s ruling, lower courts are now increasingly considering whether applicants took meaningful steps before the March 27, 2025 cutoff, even without a formal filing.

Evidence may include:

  • Eligibility consultations or submission of intake forms
  • Requests for vital records
  • Email correspondence with consulates, town halls, attorneys, service providers, or genealogists
  • Attempts to book consular appointments
  • Professional agreements or signed contracts

Courts are beginning to recognize a broader range of documented intent, and this is becoming a key factor in litigation.

Italian Citizenship Court Cases: Real-World Developments

Recent court decisions demonstrate that the application of Law 74/2025 is not uniform.

In multiple rulings, including Bologna (April 17, 2026), Bologna (May 13, 2026), and Naples (May 14, 2026):

  • Citizenship was recognized for third and fourth generation applicants
  • Cases were filed after the March 27 deadline
  • Courts evaluated evidence of prior intent

This reflects a growing trend where courts are willing to look beyond rigid administrative deadlines and assess the substance of each case.

Post-reform citizenship cases now require tailored legal strategies. Each case must be evaluated individually, based on documentation, timing, and the applicant’s personal history.

Ongoing Legal Challenges

Several important cases are still pending and could significantly alter the legal landscape.

Minor Rule Interpretation Challenge: Supreme Court, Sezioni Unite

  • Hearing held April 14, 2026
  • Decision pending

Constitutionality of Law 74/2025: Constitutional Court 

  • Mantova case hearing scheduled for June 9, 2026
  • Campobasso cases also scheduled for June 9, 2026

Each raises different constitutional arguments that could reshape how the law is applied.

European Union Law: A Parallel Strategy

Another major legal avenue involves European Union law.

The argument is based on the principle that individuals must be given a reasonable opportunity to exercise their citizenship rights.

Law 74/2025 did not provide such an opportunity.

If Italian courts refer these cases to the Court of Justice of the European Union:

  • EU law could take precedence if a conflict is found between national law and EU principles
  • Judges may be required to apply the pre-2025 framework

This remains an active and developing strategy.

 

A Fundamental Legal Tension

Italy’s courts are currently operating under two competing interpretations of citizenship.

Constitutional Court Position

  • Citizenship can be conditional
  • Recognition is required to activate the right

Court of Cassation Position

  • Citizenship exists from birth
  • It is permanent and cannot expire

These two positions do not fully align. Until a unifying decision is issued, outcomes may continue to vary.

What This Means for Applicants Today

If You Meet the New Rules

You qualify for an administrative application and can proceed through a consulate, municipality, or court.

If You Do Not Meet the New Rules

You may still have a viable path if:

  • You can demonstrate evidence of prior intent
  • You pursue a court case, where a judge may recognize your claim based on their interpretation and the strength of your legal arguments
  • Ongoing legal challenges succeed and reopen administrative pathways

It is important to understand that the law is still evolving. Future rulings may expand or modify eligibility again.

 

The Most Important Step Right Now

Regardless of your current eligibility:

Complete your document portfolio.

This is the single most important action you can take.

A completed portfolio allows you to:

  • Act quickly when opportunities arise
  • Stay ahead of increased demand if eligibility expands
  • Protect yourself against future restrictions
  • Demonstrate evidence of intent
  • Strengthen your position in court

Applicants who are prepared will always be in the strongest position as the law continues to develop.

 

What To Do If You Are Mid-Application

  • Continue gathering all required documents without delay
  • Preserve any proof of prior intent or communication
  • Prepare for potential court filing
  • Stay updated on legal developments

 

What To Do If You Have Not Started

  • Obtain a professional evaluation of your eligibility
  • Start requesting the required records
  • Document all actions from the start
  • Build your case strategically

 

Why Expert Guidance Matters

Italian citizenship law is no longer purely procedural.

It now involves:

  • Legal interpretation
  • Strategic positioning
  • Case-specific analysis

Working with experienced professionals ensures that your lineage is correctly evaluated and that the strongest possible path is identified. Having front-line experts on your side allows you to stay informed of legal changes and opportunities in real time.

 

A Law Still in Motion

Law 74/2025 has changed the landscape of Italian citizenship by descent, but it has not closed the door.

  • Administrative pathways have narrowed
  • Court pathways remain available and active
  • Legal challenges are ongoing
  • Future rulings may significantly shift eligibility

Most importantly, not meeting the current administrative criteria does not necessarily mean you do not qualify for citizenship.

There are still pathways forward, and those pathways continue to evolve.

 

Frequently Asked Questions (FAQ)

Does Law 74/2025 eliminate Italian citizenship by descent?
No. The law significantly restricts administrative recognition, but it does not eliminate the right to pursue citizenship, especially through the courts.

Can I still apply if I missed the March 27, 2025 deadline?
Yes. While administrative options may be limited, many applicants still pursue recognition through court cases, particularly if they can demonstrate prior intent.

What is “prior intent” and why does it matter?
Prior intent refers to documented steps taken before the cutoff date to pursue citizenship. Courts are increasingly recognizing this as evidence that the process had already begun, which may support evaluation under the previous framework.

Do I still qualify if my ancestor became a U.S. citizen?
It depends on the timing. If your ancestor naturalized before passing citizenship to the next generation, it may break the line. However, exceptions and case-specific factors apply.

What is the “minor issue”?
The “minor issue” is a legal interpretation concerning whether an Italian ancestor must have remained a citizen until their child reached legal adulthood. This issue is currently under review by Italy’s Supreme Court.

Is going to court now the only option?
For many applicants who do not meet the new administrative criteria, a court case is currently the primary path forward.

Should I still gather documents if I don’t meet the new requirements?
Yes, if you would have qualified under the prior rules. Completing your document portfolio strengthens your position and ensures you are prepared if legal opportunities expand. 

 

If you want to understand where you stand, the best next step is a professional evaluation.

Book a free consultation today to explore your eligibility and determine the best path toward your Italian passport.