Since its entry into force, the new Italian citizenship law No. 74 has triggered a wave of concern and disappointment among thousands of applicants worldwide.
The prevailing sentiment is that of an opportunity abruptly taken away without a proper transitional period and in the absence of transparent public discussion.
Many of our clients had already invested time, financial resources, and considerable effort in gathering the necessary documentation, relying on the jure sanguinis principle that had long been recognized and firmly established, defining the Italian identity.
Among the main issues raised:
1) The retroactive application of the new provisions, which is widely perceived as a breach of the principle of legal certainty.
“What does strike me as strange however is that this can apply retroactively. The law has essentially taken away the right of citizenship from people (claimed or unclaimed)”
– D. from Spain
In this regard, the Civil Sections of Turin Court has recently suspended citizenship cases and referred them to the Constitutional Court, raising questions about the constitutionality of the current legal framework, in particular of art.3-bis of the Law 74/2025. You can read our article on this topic Turin Court Refers New Italian Citizenship Law to Constitutional Court
2) The introduction of overly restrictive generational limits, which exclude many descendants of Italian citizens, despite the continued strength of family ties.
“[…] This decree seems designed to affect certain applicants who are using the system for personal gain. As in our case, and I’m sure many others, especially those from the United States, we have nothing really to gain save for passing along our Italian heritage to our children and grandchildren. The decree, in my opinion, is an example of swatting a fly with a sledgehammer and actually hurts rather than helps Italy.”
– C. from USA
3) Inconsistent interpretations by Italian authorities, often lacking uniformity and clarity in applying the new rules.
“Over the past years I’ve been painstakingly putting together my application for a jure sanguinis application through the [Italian] consulate because I have six formerly-qualifying Italian great grandparents, […] last week I miraculously finally landed an appointment with the consulate. I thought I was staying up to date in the jure sanguinis world and all of the consulate’s guidance indicated that I do indeed qualify. However yesterday I stumbled across a notice that this spring Italy has now limited the latest allowable ancestor to grandparents. I was in shock and profoundly, unspeakably devastated”
– V. from USA
Italian citizenship: access denied
The dominant feeling is one of exclusion: Italy has turned its back on descendants of Italian emigrants who wish to return to their roots and invest in the country – not because they lack a genuine connection to Italy, but as a result of bureaucratic technicalities.
“It looks like this is over. I am heartbroken over this. I have spent so much money and time on this process only to be too late. I don’t understand why Italy is abandoning its citizens that want to return and invest in the country but that is not for me to decide”
– M. from USA
As a legal team, we will continue to monitor legislative and judicial developments closely.
For those who wish to share their experience and seek tailored legal advice, Mazzeschi Citizenship team remains at your full disposal.
Disclaimer: the opinions expressed in this article are those conveyed to us by our clients and do not necessarily reflect the views of our firm.
This article was written by Giuditta De Ricco, Valentina Giannessi and Ginevra Gaggelli.
