Proposed amendment to the citizenship law: what is being discussed in Parliament

In recent months, the issue of Italian citizenship has once again returned forcefully to the center of political and legal debate. Recent reforms have profoundly affected the ways in which Italian citizenship by descent can be obtained, triggering mixed reactions among Italian descendants living abroad and professionals in the field. In this context, a new bill currently under consideration by Parliament could reopen important opportunities, especially for those who can claim Italian ancestors from the third or fourth generation.

The new legal framework after the Tajani Decree

In the course of 2025, Law No. 74/2025 came into force, converting the so-called Tajani Decree into law. This legislation significantly restricted access to citizenship jure sanguinis. Specifically, it limited the automatic recognition of citizenship to only the children and grandchildren of Italian citizens. Applications submitted by March 28, 2025, or those for which an appointment with the competent authority had already been scheduled before that date, remain unaffected.

The reform also introduced additional requirements. For example, the Italian ancestor must have retained exclusively Italian citizenship until the time of death or until the birth of the descendant, or, if another citizenship was acquired later, must have resided in Italy for at least two consecutive years prior to the descendant’s birth. In certain cases, a residence requirement has even been imposed on minor children of Italian citizens.

The role of the Constitutional Court

The legislative changes have not gone unchallenged. Numerous applicants have filed appeals before Italian courts, arguing that the new rules have a retroactive effect that infringes upon rights already acquired. At the same time, the Constitutional Court has been called upon to rule on certain aspects of the law converting the Tajani Decree, following questions raised by the Turin Court.

It should be noted that in the past the same Court had deemed the traditional framework of citizenship by descent to be constitutional. This precedent fosters cautious optimism regarding the outcome of the new rulings, particularly in light of a parliamentary proposal aimed at introducing corrective measures to the current system.

The new bill before Parliament

In recent months, a bill promoted by former senator Ricardo Merlo, founder of MAIE (the Associative Movement of Italians Abroad), has been introduced. The bill proposes an alternative pathway for recognizing Italian citizenship for third-, fourth-generation descendants and beyond, who are currently excluded under existing rules.

The idea behind the proposal is to link citizenship recognition not only to blood ties but also to a genuine cultural connection with Italy. Specifically, the text provides that such descendants may obtain Italian citizenship by descent by demonstrating Italian language proficiency at the B1 level according to the Common European Framework of Reference for Languages (CEFR). For children and grandchildren of Italian citizens, the current exemption from the language requirement would remain in place.

The legislative process is still lengthy: the proposal must be approved by both chambers of Parliament before it can become law. Nonetheless, it represents a significant political signal for communities of Italian origin around the world, many of which continue to aspire to formal recognition and the resulting Italian passport.

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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.