Law No. 74/2025: the new rules on Italian citizenship
Main changes introduced by the 2025 reform
Law No. 74 of May 23, 2025, brought about a significant reform of the rules on Italian citizenship, converting Decree Law 36/2025 with amendments. The main changes mainly concern the descendants of Italians abroad and the requirements for acquiring citizenship. In summary, the reform introduced:
● Limits on ius sanguinis: an end to automatic citizenship by descent without limitation; those born abroad to Italian ancestors are no longer automatically Italian citizens without further conditions. In practice, citizenship by descent is automatically guaranteed only up to the grandchildren of Italians born in Italy.
● New requirements for residence and ties with Italy: to acquire or reacquire citizenship, it is now necessary to demonstrate an 'effective link' with the country (e.g., years of residence in Italy). The stated aim is to ensure that only those who have a real, not just genealogical, link become part of the community of citizens.
● Simplified procedures for oriundi and repatriation: facilitations have been introduced to encourage the return of descendants of Italians (entry for work outside the quota and faster naturalization).
● Reopening of reacquisition for former citizens: a time window is provided for those who lost their citizenship under the old rules, allowing them to reacquire it upon application.
● Evidentiary restrictions in litigation: in proceedings for recognition of citizenship or statelessness, oaths and testimony are no longer admissible, and the burden of proof lies with the applicant.
New methods of acquiring citizenship
The changes affect the various methods of acquiring citizenship—from ius sanguinis to tempered ius soli to naturalization by residence—introducing stricter criteria but also some concessions.
Changes to ius sanguinis (right of blood)
The reform maintains the principle of ius sanguinis, but limits automatic transmission to the children and grandchildren of Italian citizens born in Italy. In particular, citizenship is no longer automatically granted to descendants beyond the second generation if they were born abroad and already have another citizenship.
In order to continue to obtain citizenship by descent, applicants born abroad must meet specific exceptional conditions laid down by law. For example, it is necessary that:
● Direct ancestry within the second degree: at least one parent or grandparent of the person concerned must have been born in Italy (and have only Italian citizenship). This means that if the Italian ancestor had dual citizenship, automatic transmission is interrupted at that generation.
● Residence in Italy of one parent: one of the applicant's parents must have resided legally in Italy for at least two consecutive years prior to the birth (or adoption) of the child.
● Procedure already initiated before the reform: the application for recognition (administrative or judicial) must have been submitted by March 27, 2025. In this case, the application will still be examined according to the previous rules, without applying the new restrictions.
Those who do not fall into any of these categories are no longer considered Italian citizens from birth, even if they are of Italian origin. They may have to start a new process to apply for citizenship by demonstrating an active link with Italy (for example, through years of actual residence in the country). It is important to note that these restrictions also apply to those born before the law came into force, but they do not result in statelessness: if the person had no other citizenship and would otherwise have lost their Italian citizenship, the restriction does not apply. In addition, all previously obtained recognitions remain valid: those who were already Italian citizens by recognition iure sanguinis retain their citizenship.
Acquisition for minors (tempered ius soli and legal benefit)
The law also introduces new methods of acquisition for certain minors, both in Italy and abroad, although this is not a true automatic ius soli. The main changes are:
● Children of Italians born in Italy: a child born in Italy to Italian parents is automatically a citizen (ius sanguinis, as was already the case). The change concerns children of Italians born abroad: from now on, they will automatically acquire citizenship only if they are born on Italian territory or if, before their birth, one of their parents (already a citizen) has resided in Italy for at least two years. This rule aims to ensure that even the second generation abroad has some direct territorial link with Italy.
● Foreign or stateless minors who are children of Italians: a new form of acquisition by operation of law has been established for minors who are children of Italian citizens by birth but who, for various reasons, do not have citizenship (for example, because they were born abroad and are not automatically entitled under the new rules). In such cases, the parents or guardian may submit a declaration of intent to obtain citizenship for the minor, provided that the minor has been legally and continuously resident in Italy for at least two years following the declaration. Alternatively, the declaration may be submitted within one year of birth (or recognition/adoption) if one of the parents is an Italian citizen. This provision facilitates the acquisition of citizenship for minors who, despite having Italian parents, are formally foreign nationals or stateless persons.
● Minors living with a parent who acquires citizenship: the law has amended Article 14 of Law No. 91/1992 concerning minor children of persons who acquire or reacquire citizenship. Previously, such children automatically became Italian if they were living with their parent at the time of acquisition/reacquisition, with the option of renouncing citizenship upon reaching the age of majority. It is now established that this only happens if the minor has been legally resident in Italy for at least two consecutive years on the date on which the parent acquires/reacquires citizenship (or, if the minor is under two years of age, has been resident in Italy since birth). This additional clause ensures that even in the event of naturalization or reacquisition of citizenship by the parent, the minor will only acquire Italian citizenship if they have been integrated into the national context for some time.
● Minor children of new citizens iure sanguinis: as a transitional measure, the law allows minor children of persons who have become Italian citizens by descent (iure sanguinis) to obtain citizenship by 'acquisition' even if they are over one year of age (exceeding the previous age limit for transmission). To take advantage of this option, parents must register their child as an Italian citizen by May 31, 2026. In practice, families of Italians abroad who have managed to obtain citizenship under the old rules (by March 2025) have a limited time to "link" their minor children to their new status.
It should be noted that full ius soli has not been introduced for children of foreigners born in Italy (the reform does not provide for automatic citizenship by birth on Italian territory if the parents are foreigners). However, the existing rule remains in place: foreign minors born in Italy can apply for citizenship upon reaching the age of 18 if they have resided legally and without interruption until that date (Article 4, paragraph 2 of Law 91/1992). The new feature is the introduction of a simplified mechanism for those born in Italy to foreign parents and who have been residing there for a number of years: if they are already of age, they can now obtain citizenship through naturalization with only three years of legal residence (see below), instead of the ten years normally required.
Facilities for naturalization and return immigration
Alongside the restrictions, Law 74/2025 also provides for a number of concessions aimed at strengthening ties with people of Italian origin and encouraging the 'return immigration' of Italian communities abroad. In particular:
● Accelerated naturalization for descendants of Italians: Article 9 of Law 91/1992 has been amended to reduce the residence requirements for foreigners of Italian origin to obtain citizenship. Foreigners whose father or mother (or a direct ascendant in the second degree) is or was an Italian citizen by birth may now apply for citizenship by residence after two years of continuous legal residence in Italy. Before the reform, three years were required in such cases; the reduction therefore makes it easier for grandchildren of Italians who decide to settle in Italy. Furthermore, it is confirmed that foreigners born in Italy (to non-Italian parents) can obtain citizenship after three years of legal residence. This new letter a-bis of Article 9 benefits the so-called 'second generation' who are already adults: those born on Italian soil but who are not citizens by other means can naturalize after only three years of residence (instead of the 10 normally required for non-originally Italian citizens).
● Easier entry for work for oriundi: for foreigners residing abroad who are direct descendants of Italian citizens and have citizenship of countries with a history of Italian emigration (e.g., Argentina, Brazil, USA, etc.), a fast track is being introduced to come and live and work in Italy. These people will be able to obtain a visa and residence permit for employment without being subject to the annual quotas of the immigration decree. An interministerial decree will define the list of beneficiary countries, but the idea is to encourage young people of Italian origin around the world to move to Italy, contributing to the national social and economic fabric.
● Reacquisition of citizenship for former Italians: after many years, the law reopens the possibility for those who were Italian and lost their citizenship to regain it with a simple declaration. According to the amendments to Article 13 of Law 91/1992, anyone who lost their citizenship under the 1912 law (for example, by acquiring foreign citizenship when dual citizenship was prohibited) can now reacquire it by submitting a formal declaration between July 1, 2025, and December 31, 2027. This opportunity is reserved for former citizens born in Italy or who have resided there for at least two consecutive years, and responds to the need to remedy situations of automatic loss due to outdated regulations. The reacquisition thus provided for is voluntary and does not operate automatically: the interested party must take action by submitting a request to the competent authorities (consulate or municipality in Italy). This measure has been welcomed by many former Italians (for example, women who lost their citizenship by marrying foreigners before 1975, or emigrants who had to give it up in the past), who now see a new chance to formally return to Italian citizenship.
Impact on foreign citizens residing in Italy (minors and second generations)
The 2025 reform has different implications for foreigners living in Italy, particularly for minors and second-generation young people born or raised in the country.
On the one hand, there are some improvements in terms of inclusion: for example, children born in Italy to foreign parents can apply for citizenship sooner than in the past. If they are unable (or unwilling) to take advantage of the special procedure at the age of 18, they can still apply for naturalization after three years of legal residence (thanks to the new Article 9, paragraph 1, letter a-bis). In practice, a young person of foreign origin but born on Italian soil, who may have left the country for a period or did not have time to formalize citizenship by the age of 19, now has an easier path to becoming a citizen without having to wait the long 10 years required for most immigrants. This change represents a step forward in the recognition of second generations, albeit in the form of a mitigated ius culturae (based on actual residence in Italy).
On the other hand, however, the law does not introduce a genuine right to citizenship for foreign minors born or raised in Italy. Neither pure ius soli nor the so-called ius scholae (citizenship after completing a school cycle) has been adopted: children born to immigrant parents remain foreigners until they reach the age of majority, except in special cases. Second-generation organizations and associations have expressed disappointment that the reform has focused mainly on Italian descendants abroad, leaving unchanged the status of those born and socialized in Italy to foreign parents. In other words, for most young foreigners who grew up in Italy, nothing will change in the short term: the existing rules will continue to apply (application at the age of 18, or naturalization after ten years of residence if they arrived later).
However, there will be a significant impact on foreign minors whose parents acquire citizenship. The new requirement of two years' residence in Italy for minors to be able to 'follow' their parents in citizenship introduces an element of restriction. For example, a family of foreign origin that obtains Italian citizenship (through residence or reacquisition) will have to ensure that their minor children already have sufficient roots in Italy, otherwise they will not automatically become citizens along with their parents. This could happen in the case of Italians living abroad who reacquire citizenship: if their minor children do not yet live permanently in Italy, they will not acquire citizenship at the same time as their parent, as was the case in the past. This means that those minors may have to follow a separate path (e.g., move and accumulate the required years of residence, or wait until they reach the age of majority) to obtain citizenship. Some experts have criticized this decision, arguing that it unfairly penalizes minors and could create inequality within the same family (citizen parents, minor children temporarily excluded).
In general, the impact of the law on foreign citizens residing in Italy is therefore mixed: while there is a (albeit limited) opening towards the already integrated second generation, there is a lack of long-awaited reforms (such as ius soli for newborns) and new obstacles for some minors in obtaining citizenship. The Italian public debate on citizenship remains divided: in 2025, the political forces in government favored the idea of "effective ties" and citizenship as the end point of a process of integration, rather than as a right acquired by birth on the territory. As a result, many foreign families will continue to face complex bureaucratic procedures and long waiting times before their children born or raised in Italy can become full Italian citizens.
Controversial elements and debates on the new law
Law No. 74/2025 has sparked widespread discussion and controversy, both in Italy and, above all, abroad, among communities of Italian oriundi. Among the most controversial elements is undoubtedly the restriction on ius sanguinis: the imposition of a generational limit on the recognition of citizenship by descent has been welcomed by some (who saw it as a necessary modernization), but strongly opposed by others. In particular, many associations of Italian descendants (especially in South America) have criticized the reform as a "great loss" of the right to Italian citizenship for millions of people of Italian origin around the world. The reform was accompanied by a heated international debate: lawyers and representatives of Italians abroad even suggested that it was unconstitutional on several grounds, arguing that the law discriminates on the basis of birth and breaks a historical link that Italy had always recognized for its emigrants and their descendants.
One point of debate is the partly retroactive nature of the new rules. Although it does not formally revoke citizenship from anyone who has already obtained it, the law excludes from automatic recognition people who were born many years ago (even decades ago) and who, until the day before the reform, had the right to be recognized as Italian iure sanguinis. From March 28, 2025, those individuals—unless they fall under the exceptions—will be considered as if they had "never acquired" Italian citizenship. In effect, for some, this is a retroactive loss of status civitatis, even though citizenship had not yet been formalized. This approach has raised ethical and legal concerns: it affects individuals who are not at fault if their emigrant ancestors also passed on another citizenship to them; moreover, the law distinguishes between descendants with exclusively Italian ancestors and descendants with ancestors who were naturalized elsewhere, introducing a sort of "discrimination against dual citizenship" (families who acquired a second citizenship in the past are penalized). Such distinctions are unprecedented in the Italian legal system and appear to contradict the traditional openness to dual citizenship: since 1992, Italy has allowed dual citizenship, but with this law it seems to punish those descended from Italians who had another citizenship.
Another controversial issue concerns the constitutionality of certain parts of the reform. Several constitutional experts have observed that the law could violate the principle of equality (Article 3 of the Constitution) and respect for the personal circumstances of citizens. The Constitutional Court has already stated in the past that being born abroad to an Italian family cannot be a basis for discrimination between citizens. Automatically transforming Italian 'oriundi' into mere foreigners, requiring additional requirements for their recognition, has been described by some as a potentially unreasonable and unusual fictio iuris. Furthermore, the fact of imposing a collective and indiscriminate restriction on a large group of people – without individual assessment – has also raised doubts with regard to European Union law. In fact, Italian citizens are automatically EU citizens, with freedom of movement and other rights: rules that cause the loss (or non-acquisition) of citizenship en masse and retroactively could conflict with the principles of proportionality and effective protection enshrined in the EU Treaties. For example, the EU Court of Justice has in the past censured national laws that deprived people of citizenship (and therefore of European citizenship) without a case-by-case examination of the consequences.
On the domestic political front, the law has been met with opposition from both sides. On the one hand, the government at the time (center-right) and those who feared abuses of the ius sanguinis principle claimed that order needed to be restored: Italian consulates around the world were inundated with hundreds of thousands of applications for recognition, with waiting times of several years. there was a fear of granting EU passports to people with no real ties to Italy. On the other hand, opposition forces and representatives of Italians abroad denounced the reform as punitive towards the Italian diaspora and lacking in courage on the issue of immigrant inclusion in Italy. It was noted that, paradoxically, a citizenship reform was being used not to expand civil rights but to restrict them, bucking the trend of other Western countries that have introduced elements of jus soli over the years. The choice of instrument—an emergency decree-law—has also been criticized by some: intervening by decree on such an identity-related matter, without in-depth parliamentary debate, appeared unusual and perhaps dictated more by immediate political and administrative needs (streamlining consular procedures) than by a comprehensive vision of reform.
The Constitutional Court ruling of July 31, 2025, and the legitimacy of the law
A few weeks after the entry into force of Law 74/2025, the constitutional legitimacy of the new legislation was already under scrutiny. On July 31, 2025, Constitutional Court ruling no. 142/2025 was handed down (also announced by the Court of Cassation), which, while not referring directly to the new law, touches on issues crucial to citizenship reform. In this ruling, the Court was called upon to assess whether the old rules (Law 91/1992) were unconstitutional insofar as they did not provide for limits on ius sanguinis. In practice, some judges had urged the Constitutional Court to supplement the law through case law, imposing a generational limit on the transmission of citizenship by descent.
The Constitutional Court declared these objections inadmissible, refusing to intervene in a 'manipulative' manner in the law in force. This means that the Court has ruled that it is up to the legislator, not the constitutional judge, to decide whether and how to limit ius sanguinis. Consequently, it did not impose any generational limit on Law 91/1992—a limit that, in the meantime, Parliament had already introduced through Law 74/2025. The issues raised were rejected on procedural grounds, thus leaving the rules decided by the legislature intact. This decision, which appears technical, also has an important implication: the Court implicitly recognized that it cannot create new restrictions on citizenship that are not provided for by law, thus confirming the central role of Parliament in decisions of this magnitude.
Although it merely declared the case inadmissible, judgment 142/2025 contains several considerations that offer insights into the constitutional basis of citizenship—considerations that many have read as a judgment on the 2025 reform. In its reasoning, the Council outlines a number of principles: on the one hand, it recognizes that important indicators for defining citizenship can be derived from the Constitution, such as cultural, linguistic, and territorial commonality; on the other hand, it emphasizes that the idea of community outlined by the Constitution is open, pluralistic, and attentive to the protection of minorities. In other words, criteria of effective ties with the nation (language, culture, territory) are relevant, but they must not translate into identity closures incompatible with the inclusive and non-discriminatory character of the Republic.
A key passage in the ruling refers to 'criteria that are completely foreign' to the Italian constitutional tradition on citizenship. According to some observers, this phrase seems to fit perfectly with certain measures of the new Law 74/2025. In particular, the provision that considers citizenship 'never acquired' by those born abroad if their ascendant did not have 'exclusively' Italian citizenship appears to be a criterion that is foreign and potentially contrary to constitutional values. As pointed out by jurist Nicola Brutti, this requirement discriminates against anyone with an ancestor with dual citizenship (a very common situation in the diaspora) compared to those descended from ancestors who remained solely Italian. Such a legislative solution, adds Brutti, seems contrary to the pluralistic vision and protection of minorities that the Court itself refers to.
Furthermore, the Constitutional Court explicitly refers in its ruling to European Union law as a limit on the legislator's action in matters of citizenship. It cites the case law of the EU Court of Justice, which has ruled against national laws that determined the loss of EU citizenship without an individual assessment of the consequences for the person concerned. This reference appears highly relevant, from the critics' point of view, to the new 2025 rules: the reform in fact entails a generalised and automatic restriction of citizenship rights for an entire category (second-generation oriundi), without exceptions on a case-by-case basis. Such a mechanism could be disproportionate and unreasonable in relation to the objectives, coming into conflict with EU principles of proportionality and the right to individual protection. In simple terms, if a descendant of Italians loses the possibility of becoming a citizen despite strong personal ties to Italy, solely because they do not meet the general requirements introduced, this could violate European standards that require consideration of the individual situation before denying civitatis status.
The immediate practical consequences of ruling no. 142/2025 are that Law 74/2025 remains fully in force: the Court did not annul anything, as it did not formally rule on the new provisions. However, the Constitutional Court's reasoning has sent signals that the legal world has picked up on. The fact that the Council insists on concepts such as pluralism, reasonable territorial ties, and proportionality suggests that any excesses on the part of the legislature may not pass a future constitutional review. And in fact, this scenario is far from theoretical: the Court of Turin has already raised a question of constitutional legitimacy precisely on Law 74/2025, which will be discussed by the Constitutional Court in February 2026. On that occasion, the Council will examine the merits of the new legislation. The 'obiter dicta' of judgment 142/2025 suggest that the Court will address the reform with attention to the critical issues highlighted: for example, it could scrutinize the legitimacy of the requirement of exclusive citizenship for ascendants, or the exclusion of those who are more than two generations removed.
If the Court were to declare any part of Law 74/2025 unconstitutional, the consequences could be significant. For example, a ruling that eliminates the requirement of an exclusively Italian ancestor would reopen the door to descendants with naturalized ancestors, partially restoring the traditional ius sanguinis. Alternatively, the Court could require less automatic and more individualized measures (e.g., a case-by-case assessment of the "effective link" rather than a rigid generational exclusion). For now, however, the practical change is that all new applicants for citizenship by descent must comply with the restrictive criteria introduced in 2025, and those who do not meet them will have to follow alternative routes (naturalization by residence in Italy, etc.). The Italian-foreign families involved and their lawyers are closely monitoring the evolution of the constitutional dispute, hoping for a possible corrective measure.
In conclusion, Law No. 74/2025 represents a turning point in Italian citizenship legislation. It has profoundly innovated a system that had been unchanged since 1992, shifting the balance toward the principle of effective ties with the nation. The new methods of acquisition favor territoriality, culture, and residence, limiting the automaticity of blood ties. This has brought benefits for some (facilitating the return of oriundi who are genuinely interested in living in Italy, or accelerating citizenship for those already born in Italy) and disadvantages for others (excluding many distant descendants and introducing new requirements for minors). The debate is still heated, and the situation is evolving: the final word on the constitutionality of this reform will be up to the Constitutional Court, whose future decisions could confirm or correct the course taken, with important practical consequences for thousands of aspiring Italian citizens in Italy and around the world.
Sources:
● Law No. 74 of May 23, 2025 (conversion of Decree Law 36/2025), Official Gazette No. 118/2025.
● Press release CdM No. 121 of 28/03/2025.
● Boccadutri Law Firm – Italian citizenship 2025: changes introduced by Law 74/2025.
● Adnkronos – Interview with Prof. Brutti on Constitutional Court ruling 142/2025.
● DirittoComparato.it – Analysis of the unconstitutionality of Law 74/2025.