The process of conversion of Law Decree 36/2025 regarding Italian citizenship by descent: updates as of May 8, 2025

At its most recent session on May 8, 2025, the Constitutional Affairs Committee of the Italian Senate approved a series of amendments to the text of Law Decree 36/2025. This decree had previously been approved by the government on March 28, 2025, introducing significant changes to the rules governing Italian citizenship by descent—most notably, the introduction of a generational limit, which until then had been entirely absent in Italian law.

Several amendments were proposed during the conversion process, and those currently approved as of yesterday's session essentially concern:

• Protection of already initiated applications: the provision already included in the Law Decree is reaffirmed, namely that applications submitted by 00:00 on March 27, 2025, will continue to be evaluated under the law in force at that time. Additionally, individuals who, by that date, had already requested an appointment to submit their application—even if it has not yet taken place—will still benefit from this protection.
• Requirement of birth in Italian territory: the rule requiring that Italian parents or grandparents be born in Italy, as included in the original Law Decree, has been removed. However, the requirement remains that a parent born abroad must have resided continuously in Italy for at least two years.
• Minors born with another citizenship: minor children of Italian citizens who acquire another nationality at birth (e.g., due to being born in a country applying jus soli) can become Italian either if the parents declare their intention for the child to acquire Italian citizenship and the child subsequently resides legally in Italy for two years, or if the declaration of intent is submitted within one year of birth to the competent authorities (likely Italian consulates abroad).
• New residence permit for citizenship application: a new type of residence permit is being introduced—by adding paragraph 1-octies to Article 27 of Legislative Decree 286/98—for descendants of Italian citizens born outside Italian territory. This permit allows entry into Italy without being subject to numerical limits of the immigration quota system (Decreto Flussi), and after two years of residence, the individual may apply for recognition of Italian citizenship. This permit will be governed by an inter-ministerial decree.

Additionally, commitments were discussed that the government must address. These include the development of facilitated pathways for integration into the national community for descendants of citizens or former Italian citizens residing in countries under dictatorial regimes, and simplified procedures for citizenship applications involving individuals who have relatives (e.g., siblings) already recognized as Italian citizens.

The Senate discussion is not yet complete. Another package of amendments is scheduled for discussion next week, theoretically during the session on May 13, 2025. Thus, the process of converting Law Decree 36/2025 into law—which must occur by May 27, 2025—is still ongoing, and further changes may still be approved.

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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.