Understanding Decree-Law No. 36/2025 and Its Potential Impact on Italian Citizenship Applications
Last updated: April 1, 2025
On March 28, 2025, the Italian government introduced a sweeping new regulation—Decree-Law No. 36/2025, also referred to as the “Citizenship Package”—with immediate implications for Italian citizenship by descent (jure sanguinis). This emergency decree went into effect overnight on March 27 and has generated widespread concern among applicants, legal observers, and the broader Italian diaspora.
What Is the Decree?
Decree-Law No. 36/2025 is a 60-day emergency measure introduced by the Minister of Foreign Affairs, Antonio Tajani. It outlines new limitations on Italian citizenship transmission and could significantly impact eligibility for individuals born outside of Italy.
At this time, the decree has not been converted into law. Within the 60-day window, it may either:
Expire on May 27, 2025
Be confirmed, modified, or rejected by the Italian Parliament
What Are the Key Changes?
The decree introduces generational restrictions and residency requirements:
Adults may only qualify for citizenship if they have an Italian-born parent or grandparent
Adults cannot pass citizenship to minor children unless they resided in Italy for two consecutive years prior to the child’s birth
Applications submitted before March 28, 2025—to a consulate, comune, or court—are expected to remain under the previous rules
Please note: this decree appears to add to existing legal requirements, such as maintaining an unbroken Italian line and avoiding disqualifying "minor issues" (e.g., a parent naturalized before the child’s birth).
Is This Change Final?
Not yet. This decree is:
Temporary, unless made permanent by Parliament
Potentially subject to legal and constitutional review
Legal experts and scholars have raised concerns that several aspects of the decree may be inconsistent with principles enshrined in the Italian Constitution, including:
Equality (Article 3): Concerns about differential treatment based on place of birth or residence
Legal Certainty & Retroactivity: Questions about whether the decree introduces unforeseeable and disproportionate changes to established rights
Citizenship Protections (Article 22): Potential conflict with constitutional provisions that prohibit arbitrary deprivation of citizenship
Emergency Authority (Article 77): Doubts about whether the decree meets the legal threshold for emergency legislation
While these issues are being discussed in the legal community, no official ruling has yet been made on the validity or constitutionality of the decree.
What Is the Legal Outlook?
The decree could face legal challenges and may be subject to review by the Constitutional Court. Even if the court does not act, the decree must still be passed by Parliament within 60 days to remain in force. Parliament may also choose to amend or reject the text.
Some members of the ruling coalition have already expressed public opposition to the measure, citing concerns about its demographic and legal implications.
What Is My Italian Family Doing?
At My Italian Family, we have temporarily paused action on cases that may be affected by the decree. We are:
Closely monitoring legal developments and parliamentary discussions
Preparing to resume full casework for affected clients once the legal situation becomes clearer
Committed to keeping current clients informed and adjusting case strategies as needed
Encouraging public engagement, including participation in the active petition opposing the decree
Should I Be Worried?
If you are not a first- or second-degree descendant, there is no need to panic. The decree is not final, and there is a real possibility it may expire without becoming law. Even if Parliament does act, the final version could look very different from the emergency text.
If you are a current MIF client, rest assured—we are monitoring developments closely and will be in touch with updates relevant to your case.