Italian citizenship by descent and the new burden of proof in judicial proceedings

The recent Law No. 74/2025 marks a profound turning point in the system for recognizing Italian citizenship by descent, introducing changes that affect not only the administrative sphere, but also—and above all—the procedural one. Among the most controversial innovations is the tightening of the burden of proof in judicial proceedings, with a drastic limitation on the admissible means of evidence.

The new regulatory framework calls for serious reflection on the relationship between documentary formalism, the right to defense, and the historical reality of Italian migration, which involved millions of people between the late nineteenth century and the mid-twentieth century.

The exclusion of witness testimony

Article 2 of the law introduces a general rule: in proceedings aimed at the recognition of Italian citizenship iure sanguinis, evidence is considered valid exclusively if based on official documentation, duly certified. Both witness testimony and sworn statements are expressly excluded.

History, archives, and documentary silences

The central problem with this approach lies in its distance from historical reality. In many areas of Southern Italy, as well as in vast regions of Latin America, civil registries were established late, destroyed by natural events, or compromised by conflicts and institutional instability. For decades, the reconstruction of lines of descent relied on ecclesiastical records, sworn declarations, indirect certifications, and qualified testimony.

Consider the case of an Argentine descendant of a migrant from Apulia who left in 1903. The ancestor’s birth certificate no longer exists; the only trace is a damaged parish register and some unauthenticated copies. In the past, a judge could have assessed converging testimonies, historical certifications, and serious, precise, and consistent presumptions. Today, that path is effectively precluded.

Concrete impact on descendants abroad

The practical consequences of the new rules are significant. Thousands of individuals seeking recognition of Italian citizenship by descent may now face an obstacle that is, at times, almost insurmountable. The inability to supplement documentary evidence with testimonial elements could, in many cases, make the final objective unattainable: recognition of citizenship status and, with it, access to an Italian passport.

Conclusion

Law No. 74/2025 introduces a conception of evidence that, in some respects, appears more bureaucratic and at times struggles to align with the fundamental principles of the constitutional order and with the complexity of Italy’s migratory history.

The debate has only just begun, but it is already clear that the new burden of proof could become a barrier capable of excluding entire generations of descendants from a right deeply rooted in Italian history.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.