Italian Citizenship Reform: Understanding the Limits Imposed by Law 74/2025

Italian citizenship by descent (jure sanguinis) has undergone profound changes with the conversion of the Decreto Tajani (DL 36/2025) into Law 74/2025. Although there is, to date, no officially confirmed case sent to the Court of Justice of the European Union (CJEU) specifically on this subject — as has occasionally been reported without verification on some channels — it's important for descendants of Italians to understand the current legal landscape and what could happen in the coming years.

Background: Law 74/2025 and the Generational Limit

The reform introduced by the Decreto Tajani and converted into Law 74/2025 restricted the automatic transmission of citizenship to children and grandchildren of Italians born abroad, changing a system that, until then, allowed great-grandchildren and more distant generations to seek recognition without a defined generational limit, as long as an unbroken line of descent could be proven. With the new legislation, those outside this generational cutoff have started to face obstacles both through consular channels and direct service at Italian comuni, leaving, as a rule, the judicial route as the only possible path — although this too is subject to the new restrictions imposed by the law. One of the most debated points among legal scholars is the substantive retroactivity of the decree: the new law states that anyone born outside Italy who is not the child or grandchild of an Italian citizen was never considered Italian, meaning the decree applies retroactively to the person's birth, extinguishing a right that, in practice, they had held ever since. This is a substantive legal debate, distinct from the protection granted by the law's own text to cases that had already been filed before the decree took effect — those cases remain protected under the transitional rules set out in the law itself. ## The Role of the Corte di Cassazione and the Sezioni Unite The Corte di Cassazione is the highest court in the Italian judiciary in civil matters. When significant disagreements arise among lower courts regarding the interpretation of a law, the matter can be referred to the Sezioni Unite of the Cassazione itself, whose decisions carry binding authority and serve as guidance for all Italian judges. It is within this context that discussions are taking place within Italy over whether the retroactivity of the Decreto Tajani is compatible with constitutional principles of equality and the protection of acquired rights. It's worth noting that the Corte Costituzionale (Constitutional Court) and the Corte di Cassazione are separate bodies with distinct functions within the Italian legal system, and both could, in theory, be called upon to rule on aspects of the new legislation. ## The Connection Between Italian Citizenship and European Citizenship Italian citizenship carries an important particularity: it also serves as a gateway to European citizenship, with rights of free movement, work, and residency within EU countries. For this reason, changes to Italian nationality law could, in theory, raise questions of compatibility with principles of European Union law, since they affect the access of millions of descendants to EU citizenship. Even so, it's important to emphasize that granting nationality generally remains the sovereign competence of each member state, and any potential challenge before the CJEU on this matter would depend on a concrete case being formally brought before the European court — and there is no confirmation that this has occurred to date. ## Practical Impacts for Those Who Have Already Started the Recognition Process For those who have already begun the Italian citizenship recognition process, whether through consular channels (restricted, after Law 74/2025, to children and grandchildren) or judicial means, the current scenario calls for heightened attention to legislative and judicial developments in Italy. Cases filed before the Decreto Tajani took effect are covered by the protections established in the law's own text. Meanwhile, those outside the generational cutoff defined by the reform — such as great-grandchildren and later generations — generally continue to depend on the judicial route to pursue recognition, along with all the uncertainties that conflicting court decisions can bring. Anyone considering filing a judicial claim for Italian citizenship should factor in this uncertain scenario when planning timelines and expectations — not as an automatic reason to abandon the process, but with proper caution and specialized legal guidance. ## How to Prepare During This Period of Legal Uncertainty Given the uncertainties brought about by the reform, experts recommend that families in the recognition process keep their documentation organized and up to date. Gathering birth, marriage, and death certificates for the entire line of descent, along with any naturalization records, is a step that doesn't depend on legislative developments and remains a prerequisite under any scenario. For those who don't know where to start, it's worth checking the list of documents required for Italian citizenship. It's also advisable to seek specialized guidance on Italian citizenship to closely monitor legislative developments and assess, based on each family's individual situation, whether the judicial route remains the safest strategy given the restrictions imposed by Law 74/2025. In many cases, the search for certificates in Italy can already begin while the legal landscape is being settled. ## Final Thoughts on the Future of Italian Citizenship by Descent Law 74/2025 represents one of the most significant changes in recent years to how Italy handles citizenship by descent, restricting rights that once extended to more distant generations. For descendants of Italians, this moment calls for close attention to official updates and caution before making hasty decisions about abandoning or altering ongoing cases. Following the News from Italy published by Raízes Italianas and understanding how each new legislative or judicial development may affect the Italian citizenship recognition process is the safest way to stay prepared. Want to know if you're entitled to Italian citizenship? Talk to our specialized team.