Italian Citizenship — Legal Update 2025/2026
Italian Citizenship Reform 2025 (Law 74/2025): What Changed for Jure Sanguinis Applicants
MG Law Firm — Updated July 2026
Key Takeaway
Law 74/2025 (in force from March 28, 2025) restricts automatic Italian citizenship by descent to two generations: only those with an Italian-born parent or grandparent who held exclusively Italian citizenship at death can now apply through the standard route. Great-grandparent claims are excluded for new applicants. Those with applications confirmed before March 27, 2025 may be protected by transitional provisions. The Constitutional Court confirmed the reform’s constitutionality in part (March 2026); further challenges are pending.
On March 28, 2025, the Italian government published Decree-Law 36/2025 — widely referred to as the “Tajani Decree” — introducing the most significant restriction to Italian jure sanguinis citizenship since the framework was established. Converted into Law 74/2025 on May 24, 2025, the reform ended a decades-long era in which Italian citizenship could be claimed by descendants across unlimited generations, provided the chain of transmission was unbroken.
For millions of people of Italian descent — particularly in Argentina, Brazil, the United States, Canada, and Australia — the reform has created urgent questions about eligibility, procedural options, and the status of claims already in progress. This guide addresses those questions with verified legal information as of July 2026.
What Was the Law Before the 2025 Reform?
Prior to Law 74/2025, Italian citizenship by descent operated under an unlimited generational model. The right passed automatically from parent to child at birth — regardless of where the child was born — as long as no person in the lineage had voluntarily relinquished Italian citizenship or naturalised in another country before the birth of the next generation in the chain.
In practice, this meant that a person born in Argentina, the United States, or Australia whose great-great-grandparent had emigrated from Italy in the 19th century could, in principle, still claim Italian citizenship — provided the relevant civil records could be produced and no interruption existed in the chain.
The system led to an exponential growth in applications — particularly from South America — creating consular backlogs measured in years and, increasingly, a parallel judicial route for applicants unable to access the consular channel. The 2025 reform was designed to reduce the scope of automatic recognition and close what the government characterized as structural vulnerabilities in the system.
What Law 74/2025 Actually Changed
The core change introduced by Law 74/2025 is a two-generation limit on automatic jure sanguinis recognition. The new framework establishes:
- ►General prohibition: automatic citizenship recognition is no longer available to individuals born abroad who hold another citizenship, unless they fall within a specific statutory exception
- ►Two-generation exception: recognition remains available where the applicant has an Italian-born parent or grandparent who held exclusively Italian citizenship at the time of their death
- ►Exclusive citizenship requirement: the Italian ancestor must have held Italian citizenship alone at death — holding dual nationality at that point breaks the eligibility
- ►Great-grandparent exclusion: claims based on great-grandparents, great-great-grandparents, or more remote Italian ancestors are no longer available through the automatic jure sanguinis route for new applicants
| Scenario | Before 2025 | After Law 74/2025 |
|---|---|---|
| Italian-born parent (held only Italian citizenship at death) | ✓ Eligible | ✓ Eligible |
| Italian-born grandparent (held only Italian citizenship at death) | ✓ Eligible | ✓ Eligible |
| Italian-born grandparent (held dual citizenship at death) | ✓ Eligible | ✗ Excluded |
| Italian-born great-grandparent | ✓ Eligible | ✗ Excluded (new applicants) |
| 1948 maternal-line case (pre-1948 female Italian ancestor) | Court only | Court only (evolving) |
Who Still Qualifies Under the New Rules?
Under Law 74/2025, automatic jure sanguinis recognition is available if all of the following conditions are met:
- ►Your parent or grandparent was born in Italy (not a more distant ancestor)
- ►That ancestor held exclusively Italian citizenship at the time of their death — having naturalised in another country before death breaks this requirement
- ►The citizenship transmission chain from the Italian ancestor to you is unbroken
- ►You can document the lineage with certified civil records bearing the Hague Apostille and Italian sworn translations
The Grandfathering Clause: Who Is Protected?
The transitional provisions of Law 74/2025 protect applicants who had already set the process in motion before the reform’s operative date. You may be covered if, before March 27, 2025 at 23:59 Rome time, you had:
- ►Had a consular citizenship appointment officially confirmed
- ►Filed an administrative citizenship application with a consulate or Italian municipality
- ►Filed a claim before an Italian civil court
A further protection has emerged through litigation: the Tribunale di Palermo (February 13, 2026) confirmed citizenship for Argentine applicants who demonstrated documented failed attempts to book appointments on the Prenot@mi platform and formal written communication sent to the consulate before the critical date — even though the case was filed after the decree was in force. Court of Cassation Order n. 13818/2026 (May 12, 2026) further established that consular administrative obstacles constitute a legitimate legal basis for bringing a citizenship claim directly before a court.
Important: Whether a specific documented action qualifies under the transitional provisions of Law 74/2025 is a legal question that depends on the nature of the evidence, the procedural stage of the case, and evolving judicial interpretation. This should be assessed on a case-by-case basis with qualified legal assistance.
What the Courts Have Said So Far
Italian courts have been at the centre of the post-reform legal debate. Three key judicial developments shape the current landscape:
- ►Constitutional Court (March 2026): confirmed that the generational limit and the exclusive-citizenship-at-death requirement are compatible with the Italian Constitution in the aspects challenged. Separate challenges on additional grounds are still pending.
- ►Court of Cassation, Order n. 13818/2026 (May 12, 2026): held that Italian citizenship jure sanguinis is a permanent and imprescriptible subjective right of constitutional significance, and that consular administrative obstacles preventing applicants from filing constitute a legitimate basis for direct judicial action.
- ►Tribunale di Palermo (February 13, 2026): granted citizenship to five Argentine applicants (the Boveri family) by applying Law 74/2025’s own exceptions — demonstrating that under specific documented circumstances, recognition remains achievable within the new framework.
What Is Still Unresolved: Sezioni Unite and Constitutional Court
Two major pending developments will shape the evolution of Italian citizenship law in the coming months:
- ►Sezioni Unite della Cassazione: the full bench of the Supreme Court held a hearing on April 14, 2026 to resolve interpretive divergences between different courts on the scope of transitional provisions, the status of pending proceedings, and the application of restrictions to future generations. Their decision, when issued, will provide binding guidance to courts nationwide.
- ►Constitutional Court (additional challenges): further proceedings challenge the compatibility of Law 74/2025 with constitutional principles of equality (Art. 3), legitimate expectations, and the unreasonableness of retroactive interference with established legal situations. A ruling striking down additional provisions could affect thousands of pending cases.
Key Considerations for Applicants
- ►Determine your generational position first. The threshold question under the new law is whether your closest Italian-born ancestor is a parent or grandparent. If it is a great-grandparent, the standard route is closed for new applications and your options depend on transitional provisions or pending constitutional outcomes.
- ►The exclusive-citizenship-at-death condition is new and decisive. Even two-generation applicants must verify that their Italian ancestor did not hold another citizenship at the time of death. This requires research into naturalisation records in the country of emigration — not just Italian civil documents.
- ►Documentation of prior initiative has become critical. If you attempted to file before the reform, every dated record — Prenot@mi screenshots, certified email receipts, written consulate communications — may be legally decisive in establishing transitional protection.
- ►Do not act on the assumption that courts will strike down the reform. Pending Constitutional Court challenges may or may not succeed. Proceeding as if the law will be overturned — without a legal strategy grounded in current rules — is an avoidable risk.
Related: Italian Citizenship by Descent: Complete Legal Guide 2026 — documents, consulate vs. court routes, and who qualifies. Also: Palermo Court Upholds Citizenship Despite Decree 36/2025 — the February 2026 ruling and what it means in practice.
Italian Citizenship — Post-Reform Assessment
Where Does Your Case Stand Under the New Law?
MG Law Firm assesses your lineage, documentation, and procedural history under the post-2025 framework to identify your available options — whether through the standard consular route, transitional provisions, judicial pathways, or monitoring of Constitutional Court developments. Managed in English, fully remote.
Request an Eligibility Assessment
Frequently Asked Questions
What is Law 74/2025 and what did it change?
Law 74/2025 (from D.L. 36/2025, in force March 28, 2025) limits automatic jure sanguinis recognition to two generations: only those with an Italian-born parent or grandparent who held exclusive Italian citizenship at death can now apply through the standard route. Great-grandparent claims are excluded for new applicants.
Who still qualifies for Italian citizenship by descent after the 2025 reform?
You may qualify if your parent or grandparent was born in Italy and held exclusively Italian citizenship at death, the transmission chain is unbroken, and you can document the lineage. Claims through great-grandparents are excluded from the standard route for new applicants.
What is the grandfathering clause?
Applicants with confirmed consular appointments, filed applications, or court proceedings confirmed before March 27, 2025 at 23:59 Rome time may proceed under pre-reform rules. Courts have also recognised documented failed Prenot@mi attempts and formal consulate communication as sufficient prior initiative in some cases.
Is the 2025 Italian citizenship reform constitutional?
The Constitutional Court confirmed the reform is compatible with the Constitution in the aspects challenged (March 2026). Additional challenges on grounds including equality and legitimate expectations remain pending as of mid-2026. A definitive ruling on all questions has not been issued.
Can I still apply through an Italian court after the 2025 reform?
The judicial route remains available for grandfathered cases, 1948 maternal-line cases, and applicants who can demonstrate consular administrative obstacles prevented timely filing (Cassazione n. 13818/2026). The Palermo Tribunal confirmed citizenship in one such case in February 2026.
What happened to great-grandparent Italian citizenship claims after 2025?
Automatic recognition through great-grandparents is no longer available through the standard route for new applicants. Options remain only through grandfathering, specific statutory exceptions, or potentially through future Constitutional Court rulings. Each situation requires individual legal assessment.
What is the difference between the 2025 reform and the 1948 rule?
The 1948 rule refers to the historical exclusion of the maternal line from jure sanguinis transmission before 1948 — a judicially remedied issue pre-existing the 2025 reform, requiring a court procedure. The 2025 reform introduced a generational limit for all new applicants. Both restrictions may apply simultaneously in some cases.
This article is for informational purposes only and does not constitute legal advice. Italian citizenship law is subject to significant legislative and judicial evolution as of 2026. A qualified legal assessment is recommended before proceeding. Last updated: July 2026.
