Italy redefines citizenship requirements – what you need to know

With the entry into force of Law 74/2025 on 24 May 2025, the framework of Italian citizenship by descent (iure sanguinis) has been profoundly reshaped. The most significant change is the introduction of a generational limit up to the second generation: as of today, only those who have – or have had – grandparents born in Italy and never naturalised abroad may apply for recognition of Italian citizenship.

The reform, however, is not limited to future applications. The law expressly provides for immediate and retroactive application, affecting even those born prior to its enactment. Under this new approach, citizenship is no longer treated as an inherent right acquired at birth, but rather as a status conditioned upon the submission of an application. This paradigm shift has raised serious constitutional concerns, widely debated both in legal scholarship and in case law.

Unsurprisingly, just one month after the law came into force, the Tribunal of Turin (order of 25 June 2025, ref. no. 167/2025) referred the matter to the Italian Constitutional Court, challenging the validity of the law insofar as it purports to produce retroactive effects. A decision from the Court is expected in the early months of 2026.

What is happening in the meantime?

Italy is currently witnessing a massive wave of judicial filings from Italian descendants worldwide – particularly from the United States and Latin America. At present, proceedings before Italian courts represent the only effective route to obtain recognition of citizenship and to attempt to overcome the restrictions imposed by the new law.

The battle is therefore very much open. On one side, the State seeks to restrict access; on the other, Italian descendants continue to assert a right transmitted by blood and by family history.

As legal professionals, it is our duty to monitor developments closely, to guide clients through this increasingly complex landscape, and to defend the legitimacy of their rights.

We will keep you updated on forthcoming legislative and judicial developments. For any further clarification or case-specific guidance, please do not hesitate to contact us.

---

Maria Lucrecia heads the Italian Citizenship and Immigration department at Kairós. She and her team handle increasingly numerous requests for the acquisition of Italian citizenship and residence permits, both for private individuals and for employees of foreign companies who want to carry out activities in Europe, particularly in Italy.

Silvia is a lawyer in Kairós’ Immigration and the Italian Citizenship department, specialised in civil litigation, accompanying clients from the pre-trial to the judicial phase. At Kairós she ensures legal advice on assistance and defence in mediation, assisted negotiation and arbitration.