Notes on the Conference on Italian Citizenship Reform
- Guillermo Iso
- Oct 10
- 4 min read
On Thursday, October 2nd, ViaMonde attorneys, Guillermo Iso and Alberto Lama, traveled to Siena to join the conference ‘Jure Sanguinis Citizenship After the 2025 Reform’. The speakers included Italian attorneys, judges, professors, and scholars, covering topics from the effects of the decree law on Italians born abroad, to permesso di soggiornos, and how naturalization of a parent affects their minor children. Here is the inside scoop from ViaMonde.
Dr. Daniel Taddone: The New Citizen Classification and Discrimination
The new law introduces a "Dystopian Classification" of citizens, creating five arbitrary classes, described here, A through E, based on residency or registry status. This classification system has been compared to a Tribunal of Italianness and historical blood purity statutes.
Transmission Restriction: This classification restricts citizenship transmission, with only Class A (exclusively Italian or 2 uninterrupted years residency in Italy) and Class B (child of Class A) citizens having the full right to transmit citizenship.
Demotion and Revocation: Classes C and D (grandchildren/great-grandchildren) are largely stripped of this right for adult children, and minors in these classes face retroactive revocation of citizenship, though they can reacquire it as Class E citizens for €250.
Class E Impact: Class E citizens, including descendants of former Austrian citizens/Law 379/2000 and minor children of reacquired citizens/Art. 14 L. 91/92, are the most deprived, needing their children to be born on Italian soil to secure.
The reform's explicit goal is to reduce the number of Italians residing abroad and prevent transmission, thereby sacrificing Article 3 of the Italian Constitution and the principle of equality.citizenship.
Political and Procedural Attacks
The use of the decree law to pass restrictions on jus sanguinis is being described by some as an abuse of the Constitution. Hon. Fabio Porta has criticized the use of a Decree Law procedure for a measure that impacts citizenship and voting rights, arguing that it violates Article 72.4 of the Constitution, which reserves electoral matters exclusively for Parliament.
Further concerns include the planned downgrading of the Ministry of Foreign Affairs' General Directorate for Italians Abroad to a mere service, which suggests a diminished focus on the diaspora.
Dr. Francesca Barbanti highlighted the administrative chaos resulting from these changes, noting that Civil Status officials are now effectively functioning as a "Tribunal of Italianness", deciding who is and is not Italian enough to qualify for jus sanguinis.
Prior to the decree law and the October 3rd circular, jus sanguinis was determined at the time of birth of the next in line without any restriction on naturalization or generation. These officials are now facing considerable complexities in verifying lineage, especially since the new rules demand documents, such as historical family residence certificates, that have been prohibited from being produced to public administration bodies since 2012. In addition, these “historical residence certificates” were not always recorded. Some comuni did not start keeping these types of records until the 1930s, well beyond the time period of mass immigration of Italians, especially from the South.
Judicial Challenges and Obstacles
Avv. Marco Mellone and Avv. Prof. Giovanni Bonato & Maristella Urbini discussed the new laws in terms of retroactivity, which is now under Judicial Review. The issue of the law's retroactivity has been referred to the United Sections of the Court of Cassation in two cases dealing with a minor issue. A favorable ruling in these cases could serve as an antidote against future legislative overreach.
Additionally, four primary constitutional doubts have been identified:
retroactive loss of citizenship
discrimination against dual citizens
strict treatment of minors
evidentiary limits
Another major point of contention is the unified court fee, which was doubled as of the first of January 2025. The €600 court fee (previously €300), calculated per individual applicant (per litisconsorte), makes citizenship the most expensive process in the Italian judicial system, even exceeding some high-value cases like bankruptcy, which demonstrates a punitive legislative intent. Attorneys are challenging this fee in Tax Courts, anticipating that any unconstitutionality ruling would only apply to future cases to avoid state refunds.
Furthermore, the new Article 19 introduces an "Inversion of Burden of Proof", described as Probatio Diabolica. This reverses the burden of proof, requiring applicants to prove the non-existence of causes for non-acquisition or loss of citizenship, while discarding testimonial evidence. This shift is viewed as an arbitrary and punitive measure that compromises the right to defense (Articles 24 and 111 of the Constitution) and puts magistrates in a difficult position, as they are bound to enforce it until the Constitutional Court rules otherwise.
Digitalization Paradox
The "Digitalization Paradox" highlights a significant contradiction in Italy's approach to citizenship. Avv. Claudia Antonini pointed out the conflict between Italy's mandatory and irreversible digital path, which includes unique identification numbers for documents by 2026 (ANPR/ANSC), and the proposed Ministry department in Rome that would only accept paper documents for citizenship requests. This creates an inefficient and inconsistent process.
In addition, it was recommended that Italy align with international standards by accepting the verifiable Brazilian digital apostille for documents, as dictated by the Hague Apostille Convention. This would streamline the process and reduce administrative burdens.
In conclusion, the conference in Siena highlighted significant concerns regarding Italy's new citizenship decree law. The reforms introduce a dystopian classification of citizens, restrict transmission rights, and are seen as a political and procedural attack on the Italian diaspora. Judicial challenges are underway concerning retroactivity, constitutional doubts, excessive court fees, and the problematic inversion of the burden of proof. Additionally, the digitalization paradox reveals inconsistencies in Italy's approach to modernizing citizenship processes.
While these issues collectively point to a complex and contentious future for Italian citizenship, particularly for those residing abroad, it also indicates a high likelihood that the decree law will be overturned. All of those considering applying for jus sanguinis, please be aware that the administration is planning a new law to replace the decree law should it be overturned. Thus, we anticipate a short window of viability for those whose lines fall outside of the decree laws to be eligible for an application for jus sanguinis. If you have not yet done so, we recommend preparing your documents now. If you need assistance, book a complimentary consultation call today.