Italian Dual Citizenship at a Crossroads

By Gina Biancardi
An informational overview for individuals exploring Italian citizenship by descent (jure sanguinis)

Author’s Note: Before getting into the legal details, I want to share why this topic matters to me personally. I am the daughter of parents who were born and raised in Italy and later naturalized as citizens of the United States. I believe that Italian citizenship is not something I am seeking as a privilege or convenience — it is something I was born with. More importantly, I believe it is a birthright that should extend to my children and grandchildren, so they may one day choose to live, study, or work in Italy or elsewhere in the European Union.

It is from this deeply personal place that I began researching recent developments in Italian citizenship law and felt compelled to share this information — not to persuade, but to inform — particularly at a moment when timing may matter.

The benefits of Italian dual citizenship are significant. Italian citizens may live, work, and travel freely not only in Italy, but throughout all 27 European Union countries. Citizenship also provides access to Italy’s public education and healthcare systems, the right to purchase property, vote in Italian elections, and pass citizenship on to future generations. Italian citizenship also allows individuals to open bank and investment accounts in Italy and participate in Italy’s financial markets, including trading on the Italian stock exchange.

Those considering Italian citizenship by descent should be aware that the legal framework is in flux — and that the outcome of pending court decisions may have far-reaching and potentially retroactive consequences. You will have to know:

• How recent and pending legal changes may affect your eligibility
• If your case requires immediate action
• Understand documentation, timelines, and strategies
• If you need to hire an Italian attorney who specializes in citizenship

A Foundational Principle of Italian Law

Under long-standing Italian law, citizenship is transmitted by bloodline (jure sanguinis). In simple terms, a child born to an Italian citizen is also Italian at birth, regardless of where that child is born.

Historically, this principle allowed citizenship to be traced back through generations — in many cases as far as March 17, 1861, the date of the proclamation of the Kingdom of Italy — provided the ancestral line remained unbroken. For decades, a parent’s later naturalization in another country did not retroactively nullify a child’s Italian citizenship acquired at birth.

Recent Legislative Changes and the “Minor Issue”

Italian Consulates worldwide — including the Consulate General of Italy in New York — are now applying more restrictive interpretations of jure sanguinis, following Decree-Law No. 36/2025, later converted into Law No. 74/2025, and reinforced by administrative guidance and court references.

Among the most controversial changes is the introduction of Article 3-bis to Italy’s Citizenship Law (Law 91/1992). This provision significantly alters prior practice by:

• Imposing a two-generation limit on the automatic transmission of citizenship
• Eliminating automatic citizenship for individuals born abroad who already possess another citizenship at birth
• Requiring a formal application even where citizenship was previously considered automatic

These new rules apply to applications submitted after March 27, 2025, by applicants born abroad who also hold another nationality.

At the same time, Consulates continue to apply the so-called “minor issue,” under which citizenship may be deemed interrupted if an Italian parent naturalized in another country while their child was still a minor.

As a result:

• Applications may be denied even when documentation is otherwise complete
• Pending applications remain subject to the interpretation in effect at the time of review
• Prior expectations based on decades of settled practice have been upended

Why the New Rules Are Being Challenged

Serious constitutional concerns have been raised regarding these changes. The Tribunal of Turin has formally referred a constitutional question to Italy’s highest court, expressing doubt as to whether the amendments introduced by Law 74/2025 are compatible with fundamental legal principles.

Specifically, the challenge questions whether:

• Citizenship rights acquired at birth can be restricted or revoked retroactively
• The two-generation limit is reasonable and proportionate
• The new framework violates principles of equality, legal certainty, and acquired rights
• The reforms conflict with European legal norms

In spring 2026, Italy’s Constitutional Court of Italy will examine the constitutionality of Article 3-bis and related amendments introduced by Decree-Law 36/2025 and Law 74/2025. The Court’s ruling — expected in the weeks following the hearing — will be crucial for thousands of Italian descendants worldwide. If the Court declares the new provisions unconstitutional, they would be annulled with erga omnes effect, meaning they would cease to apply to everyone.

In practical terms, the decision could determine:

1. For those with pending applications: A ruling of unconstitutionality could allow applications to be reassessed under the previous, more favorable rules.
2. For those whose applications were rejected: Individuals denied citizenship after March 27, 2025 — particularly due to the new generational limits — may gain a strong legal basis to challenge those denials in court.
3. For those who have not yet applied: If the law is struck down, descendants beyond the second generation — including those tracing lineage to a great-grandparent — may once again be eligible to apply.

If the law is upheld, the two-generation limit and application requirements will remain in force.

At its core, the Court must decide whether the Italian state can deny automatic citizenship to individuals who were born before the reform and who, until recently, were considered Italian citizens by right of blood.

Additional Guidance Expected from the Court of Cassation

In parallel, Italy’s Court of Cassation — sitting in Joint Sections — is expected to address additional unresolved issues, including:

• The retroactive application of Law 74/2025
• The continued validity of the “minor issue”
• Interpretation of the historic 1912 citizenship rules

While no hearing date has yet been announced, these rulings are anticipated to provide further clarity and binding guidance.

Your Path to Italian Citizenship: New Law, New Rules, and Critical March Deadlines

Given the recent and pending changes in Italian citizenship law, having accurate, up-to-date guidance has never been more important. Anyone considering Italian citizenship should consult with a qualified Italian attorney who can evaluate their family history and advise how the evolving legal landscape may affect their options.

Casa Belvedere has connected with one of the leading legal experts in this field. Arturo Grasso, Esq., is founder of My Lawyer in Italy, a Rome-based firm that specializes in Italian citizenship by descent and complex citizenship cases. He can help people:

• Understand how recent and pending legal changes may affect their eligibility
• Learn which cases may require immediate action
• Gain clarity on documentation, timelines, and strategies
• Ask questions directly of an experienced Italian attorney — face to face

Italian citizenship by descent remains a deeply meaningful connection for many families. At the same time, this is a moment of exceptional legal uncertainty — one that calls for awareness, careful planning, and informed decision-making.

Legal Disclaimer

This article is provided for general informational purposes only. It does not constitute legal advice, does not create an attorney-client relationship, and should not be relied upon as a substitute for professional legal counsel. Italian citizenship laws, administrative practices, and judicial interpretations are subject to change. Readers are encouraged to seek advice from a qualified, independent attorney licensed to practice law in Italy before taking any action.

Author’s Disclosure

In navigating my own family’s Italian citizenship journey, I consulted with multiple Italian legal professionals and, based on my personal circumstances, chose to work with Arturo Grasso and his Rome-based firm, My Lawyer in Italy. My experience has been thorough, professional, and reassuring during a complicated process.

This reference reflects my individual experience only and is shared for disclosure purposes. Every family’s situation is unique, and readers are encouraged to seek guidance from the Italian attorney of their choosing.