Citizenship · Law & policy

Jure sanguinis after the 2025 reform — what actually changed.

Decree-Law 36/2025, converted by Law 74/2025, rewrote the rules for Italian citizenship by descent. Here is what changed, who is still eligible, and what to do if your line no longer fits the consular path.

Published May 26, 20259 min readReviewed by Italian counsel
Italian Senate chamber at dusk — backdrop for the 2025 citizenship reform

1. What the 2025 reform actually changed

On March 28, 2025, the Italian government issued Decree-Law 36/2025, Disposizioni urgenti in materia di cittadinanza. The decree was converted with modifications by Law 74/2025, in force since May 24, 2025. It is the most significant rewrite of Italy's jure sanguinis framework in decades.

The headline change is a two-generation limit on administrative recognition. To be recognised as Italian by descent through the consular or municipal route, an applicant must have an Italian-born parent or grandparent in the direct line. Claims based on a great-grandparent or earlier ancestor no longer proceed through the consulate by default.

The decree also tightened other points: clearer rules on dual citizens born abroad, stricter expectations on documentary evidence, and an explicit framework for the Ministry of the Interior to issue interpretive guidance — which it has done through its Circular of May 28, 2025.

This is a moving target

The Constitutional Court has already ruled once on the reform — upholding the restrictions but leaving specific grounds open to future challenge. New circulars and case-law are likely. Treat any timeline you read online as provisional.

2. The March 28 cut-off

The decree draws a hard line at the date of entry into force. The Ministry's guidance confirms two regimes running in parallel:

Filed before March 28, 2025

  • Processed under the prior jure sanguinis framework
  • Great-grandparent and earlier claims remain admissible
  • Existing consular queues continue to apply

Filed on or after March 28, 2025

  • Two-generation rule applies (parent or grandparent only)
  • Stricter documentary standard
  • Some pathways move to the judicial route

“Properly filed” matters: an appointment booking is not a filing. What counts is a complete file accepted by a consulate or comune by the deadline, with the application stamped and protocollata. Anyone in that position should keep the proof of submission with their documents.

3. Who is still eligible

In practice, the reform sorts applicants into three groups:

  • Clearly eligible. An Italian-born parent or grandparent in the direct line, the chain unbroken by naturalisation before the next birth, full documentation available.
  • Borderline. Generally claims based on a great-grandparent, mixed-line cases, naturalisation timing close to a child's birth, or missing records. These need a specialist review — some can be restructured, others can only proceed judicially.
  • No longer eligible administratively. Pure great-great-grandparent and earlier claims with no other connection to Italy. A judicial path may still exist, but expectations should be set accordingly.

4. The judicial path after the reform

When the consulate cannot recognise a claim, the alternative is a recognition action before the Italian civil court of the ancestor's last commune of residence, or — for residents abroad — the Tribunale di Roma. The judicial route existed before 2025; the reform has not closed it, but it has reshaped what gets filed there.

Expect longer timelines than the historical consular route, mandatory Italian counsel, and higher evidentiary expectations. Court costs are real but predictable. Where it makes sense, the judicial path remains a legitimate and well-trodden option — particularly for 1948 cases and for claims where documents support the line but the administrative window is closed.

5. What it means for 1948 cases

1948 cases — claims passing through a female ancestor before January 1, 1948 — have always required an Italian court. The 2025 reform does not strip courts of jurisdiction over them. What changes is the legal landscape they sit in: judges now decide 1948 matters in a system that has explicitly tightened recognition elsewhere, and several pending challenges aim to clarify how the new framework interacts with the constitutional principles courts have relied on since 2009.

For most 1948 claimants the practical advice has not changed: prepare the same file, work with counsel familiar with the venue, and budget for a multi-year proceeding.

6. What to do next

  1. 1. Map your line. Identify the Italian-born ancestor, their date of emigration, and — critically — whether and when they naturalised.
  2. 2. Check the cut-off. If a file was already protocollata before March 28, 2025, gather the proof now. If not, plan for the new regime.
  3. 3. Get a lawyer's view, not a forum's. The decree is new, the circulars are evolving, and consulates are interpreting unevenly. A short consultation costs little and saves months.
  4. 4. Decide consular vs judicial. Some claims that no longer fit the consulate work well in court. Others should be reframed entirely.

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Frequently asked questions

Who is still eligible for jure sanguinis after the 2025 reform?

Applicants whose Italian-born parent or grandparent is in the direct line of descent. Law 74/2025 limits automatic recognition to the second generation — great-grandparent claims are no longer processed administratively unless one of the narrow exceptions applies.

Does the 2025 reform apply to applications filed before March 28, 2025?

Recognition requests properly filed at a consulate or comune before 23:59 (Rome time) on March 27, 2025 are processed under the prior rules. Anything filed on or after March 28, 2025 falls under Decree-Law 36/2025, as converted by Law 74/2025.

Are 1948 maternal-line cases still possible?

Yes. 1948 cases were never administrative — they have always required an Italian court. The reform does not close that door, but the two-generation principle and other limits raised by the decree are being tested in the same judicial venue.

Did the Constitutional Court strike down the reform?

No. In its first substantive ruling on the 2025 reform, the Constitutional Court upheld the restrictions while leaving the door open to challenges on specific grounds. The law as converted remains in force.

What should I do if my claim no longer fits the new rules?

Speak to an Italian immigration lawyer before assuming the case is closed. Some claims previously framed as great-grandparent cases can be restructured; others may proceed judicially. A short eligibility review is the cheapest way to know where you stand.

Sources

  • Decreto-Legge 28 marzo 2025, n. 36 — Disposizioni urgenti in materia di cittadinanza (Gazzetta Ufficiale).
  • Legge 23 maggio 2025, n. 74 — Conversione in legge, con modificazioni, del DL 36/2025 (Gazzetta Ufficiale n. 118).
  • Ministero dell'Interno, Circolare del 28 maggio 2025, n. 26185 — istruzioni operative ai prefetti e ai comuni.
  • Corte Costituzionale — prima pronuncia sulle restrizioni del 2025 (rigetto, con riserve su altri profili).

This guide is general information, not legal advice. Italian citizenship law is jurisdiction-specific and changing quickly in 2025. For an opinion on your file, speak to an Italian-qualified lawyer.

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