Italian Citizenship by Descent (jure Sanguinis) in 2026: What Law No. 74/2025, the 2026 Budget Law and Recent Rulings Mean for Applications and Appeals

The rules governing citizenship by descent Italy, the principle of jure sanguinis that for decades allowed descendants of Italian nationals to claim recognition regardless of generational distance, underwent their most significant overhaul in over thirty years when Decree-Law No. 36/2025 was converted into Law No. 74/2025 on 23 May 2025. The conversion law inserted a new Article 3-bis into the foundational Citizenship Law (L. 91/1992), introducing proximity-based eligibility limits and transitional windows that fundamentally alter who may still apply. Subsequent amendments in the 2026 Budget Law (Legge di Bilancio 2026) adjusted implementation timelines, administrative fees and procedural mechanics, while Constitutional Court Judgment No. 63/2026 has begun to clarify how the reform interacts with pending claims and constitutional protections.

This guide consolidates every legislative, regulatory and judicial development that applicants and their counsel need to navigate the reformed landscape, from eligibility testing through filing pathways to administrative and judicial appeals.

What Law No. 74/2025 and the 2026 Budget Law Changed for Citizenship by Descent Italy

On 28 March 2025 the Italian government adopted Decree-Law No. 36/2025, widely referred to as the “Tajani Decree”, introducing urgent measures on citizenship. Parliament converted and modified the decree through Law No. 74 of 23 May 2025, published in the Gazzetta Ufficiale n. 118 the same day. The conversion permanently amended L. 91/1992 by inserting Article 3-bis, which replaces the previously unlimited generational chain with a proximity-based test.

The 2026 Budget Law (approved 30 December 2025) further refined the implementation framework, addressing administrative execution timelines, consular fee schedules and transitional provisions that affect pending claims.

Key Statutory Changes at a Glance

• New Article 3-bis (proximity test). Recognition of citizenship by descent is now limited to applicants whose Italian-born ancestor is within a defined generational proximity, unless a statutory exception applies. Remote-generation claims without a qualifying connection are no longer automatically recognised.
• Transitional protection for pre-deadline applicants. Individuals who had filed an application or held a confirmed consular appointment before 28 March 2025 are entitled to have their claims assessed under the prior rules, subject to documentary evidence of that pre-deadline action.
• Minor-children window. Parents of minor children may file a declaration to preserve their child’s recognition claim, but only before 31 May 2026, the transitional deadline set in the conversion text.
• Reacquisition pathway (Art. 17 adjustments). The reform refines the procedure for individuals who lost Italian citizenship through naturalisation abroad, aligning it with the new proximity requirements while preserving a facilitated route for first- and second-generation descendants.
• Budget Law amendments. The Legge di Bilancio 2026 allocated operational funding for consular processing backlogs, adjusted application fees, and set administrative deadlines for municipal stato civile offices to implement the circolari issued by the Interior Ministry.

Timeline of Legislative and Judicial Milestones

Who Still Qualifies for Citizenship by Descent Italy, Eligibility Matrix

Under the reformed framework, eligibility depends on a combination of generational distance, documentary evidence of the unbroken Italian-citizenship chain, and whether any statutory exception or transitional protection applies. The Ministry of Foreign Affairs and the Interior Ministry’s circolari provide operational guidance to consulates and municipal registries. The decision matrix below distils the key categories.

Common Documentary Issues and How to Obtain Historic Naturalisation Records

The most frequent obstacle for applicants, particularly those in the United States, Canada and Australia, is proving that the Italian-born ancestor did not naturalise in the country of emigration before the next link in the chain was born. Practical steps include:

• United States. Request a search of USCIS historical records (formerly INS) using Form G-1041A or a Freedom of Information Act (FOIA) request. Certificates of non-existence of naturalisation records are routinely issued.
• Canada. Contact Immigration, Refugees and Citizenship Canada (IRCC) for a search of historical citizenship records. Response times can exceed six months, start early.
• Australia. Apply to the Department of Home Affairs for a historical citizenship search. For pre-1949 records, searches of British-subject naturalisation files may be necessary through the National Archives.
• All jurisdictions. Every foreign-issued document must be apostilled (or legalised) and translated into Italian by a certified translator. The certificato storico di cittadinanza from the ancestor’s Italian Comune is also required, apply directly to the Comune’s ufficio anagrafe.

Understanding what citizenship by descent means and the documentary requirements specific to each country of emigration is essential before starting the application process.

Filing Pathways: Consulate vs Comune After the Reform

Post-reform, two primary filing routes remain available, though their practical viability differs significantly depending on the applicant’s residence and generational distance.

Consular Recognition (Filing from Abroad)

Applicants residing outside Italy must file through the Italian consulate with jurisdiction over their place of residence. The process begins with booking an appointment through the prenot@mi portal, the MFA’s online scheduling system. Following the reform, many consulates suspended and then restarted their appointment calendars, applicants should check their specific consulate’s operational notices for current availability. At the appointment, the applicant submits the full documentary chain, pays the applicable fee (adjusted under the 2026 Budget Law), and receives a formal receipt. The consulate then verifies the documents with the relevant Italian Comune. Expected processing times vary widely, from 12 months to over 36 months, depending on the consulate’s backlog.

Municipal Filing (Filing in Italy)

Applicants who establish legal residence in Italy may file directly at the ufficio di stato civile of their Comune of residence. This route avoids the consular backlog and typically results in faster processing. The Comune must complete its assessment within a statutory timeframe (generally 180 days from submission of a complete file, per the Interior Ministry’s circolari). However, establishing Italian residence requires a valid visa or permit of stay, making this pathway more complex for non-EU nationals.

Consulate vs Comune: Comparison

For further context on the broader citizenship changes in Italy during 2026, including family-based routes, a companion guide is available.

Tactical Decisions for Pending or Late Claims

The transitional provisions in Law No. 74/2025 create distinct categories of pending applicants, each requiring a different strategic response. The critical dates are 28 March 2025 (entry into force of D.L. 36/2025), 23 May 2025 (conversion into law) and 31 May 2026 (minors’ declaration deadline).

• Application or appointment confirmed before 28 March 2025. These claims benefit from the strongest transitional protection. The applicant should immediately obtain and preserve documentary proof of the pre-deadline filing or appointment confirmation, a screenshot of the prenot@mi booking, a consular receipt, or a court filing stamp. If the consulate attempts to apply the new proximity test, this evidence forms the basis for an administrative appeal.
• Application filed between 28 March and 23 May 2025. These claims fall in a grey zone. Industry observers expect that consulates and registries will assess them against the new Article 3-bis criteria, but applicants with strong equitable arguments (e.g., documents already submitted, fees paid) should seek legal advice on whether a transitional-protection argument is viable.
• No action taken before 28 March 2025. For remote-generation applicants (beyond the proximity limit), the reform effectively closes the automatic-recognition pathway. The remaining options are to identify a statutory exception, seek reacquisition under Article 17 (if applicable), or challenge the constitutionality of the restriction in court.
• Minor children. Parents must file the transitional declaration before 31 May 2026. This is a hard deadline with no discretionary extension. Missing it forecloses the child’s transitional protection.

In every category, the overriding tactical imperative is evidence preservation, appointment confirmations, correspondence with consulates, receipts and timestamps should be saved and authenticated without delay.

How to Challenge Denials, Citizenship Administrative Appeal Options and Timelines

When a consulate or Comune denies recognition, the applicant has several avenues for challenging that decision. The correct remedy depends on the nature and basis of the denial. This section sets out the procedural options for a ricorso amministrativo cittadinanza and the escalation to judicial review.

Administrative Review (Ricorso Amministrativo)

Italian administrative law provides for two forms of non-judicial challenge to an administrative act:

• Ricorso in opposizione. A request directed to the same authority that issued the denial, asking it to reconsider on the basis of new evidence or legal arguments. There is no formal statutory deadline for this request, but it should be filed promptly, ideally within 30 days of receipt of the denial.
• Ricorso gerarchico (hierarchical appeal). An appeal directed to the superior authority, for consular denials, this is typically the Ministry of Foreign Affairs; for municipal denials, the Prefettura. The standard deadline is 30 days from notification of the denial. The appeal must be in writing, specify the grounds of challenge, and attach copies of all supporting documents.

Judicial Review

If the administrative remedy is unsuccessful or the applicant prefers to proceed directly to court, two judicial pathways exist:

• TAR (Tribunale Amministrativo Regionale). For challenges to administrative acts (e.g., a Prefetto’s decision, a consular refusal treated as an administrative measure), the competent TAR must be seized within 60 days of notification of the final administrative decision. TAR Lazio in Rome typically has jurisdiction over consular matters.
• Ordinary civil court (Tribunale Ordinario). Where the claim is framed as a declaration of status (i.e., asking the court to declare that the applicant is an Italian citizen), the ordinary court at the applicant’s place of Italian residence, or at Rome, has jurisdiction. There is no strict limitation period for status declarations, but delay can weaken the claim.

Interim Remedies (Sospensiva)

In urgent cases, for example, where a denial threatens the applicant’s right to reside or work in the EU, or where a transitional deadline is imminent, the applicant may request interim suspension (sospensiva) of the denial. Before the TAR, this takes the form of a domanda cautelare filed alongside the main ricorso. The applicant must demonstrate both fumus boni iuris (a reasonable likelihood of success on the merits) and periculum in mora (irreparable harm if the measure is not suspended). Industry observers expect interim requests to become increasingly common in the months leading up to the 31 May 2026 transitional deadline.

Model Outline for a Ricorso Amministrativo

A well-structured administrative appeal should include the following sections:

• Header. Identification of the appellant, the authority addressed, and the administrative act being challenged (reference number, date, issuing office).
• Statement of facts. Chronological narrative of the application, the documentary evidence submitted, and the denial received.
• Grounds of appeal. Legal arguments: (1) error in applying Article 3-bis (e.g., incorrect generational count); (2) failure to apply transitional protection; (3) procedural defects (e.g., inadequate reasoning, failure to consider submitted evidence).
• Evidence list. Annexed documents (denial letter, pre-deadline appointment proof, full documentary chain, translations, apostilles).
• Request. Clear statement of the relief sought, annulment of the denial and recognition of citizenship, or in the alternative, remand for re-examination.
• Signature and service. Signed by the appellant (or their legal representative); served on the issuing authority by certified mail or PEC (posta elettronica certificata).

Given the complexity of post-reform appeals, applicants are strongly advised to engage specialist administrative counsel. The Global Law Experts lawyer directory can assist in identifying qualified practitioners.

Litigation Landscape and Recent Court Rulings on Citizenship by Descent Italy

The reform has generated substantial litigation. The most consequential development is Constitutional Court Judgment No. 63/2026, which addressed challenges to the constitutionality of the proximity test introduced by Law No. 74/2025. Early indications suggest that the Court upheld the legislature’s authority to define eligibility limits while affirming certain transitional protections for applicants who had taken concrete procedural steps before the reform entered into force.

At the Tribunale level, decisions have begun to diverge on the scope of transitional protection. The likely practical effect of this divergence is that appellate courts, and potentially the Corte di Cassazione, will need to resolve conflicting interpretations, particularly regarding what constitutes a “confirmed appointment” and whether a mere prenot@mi booking (as opposed to actual file submission) qualifies for transitional treatment.

For counsel advising clients, the current litigation landscape underscores the importance of precise factual evidence (appointment timestamps, filing receipts) and careful forum selection. The International Bar Association’s analysis of the reform offers additional comparative context.

Practical Filing Timeline and Checklist

Whether filing a new application or preparing an appeal, the following checklist consolidates the key documents and actions required under the reformed framework.

• Gather the full documentary chain. Birth, marriage and death certificates for every link between the Italian-born ancestor and the applicant. All certificates must be originals or certified copies.
• Obtain the ancestor’s non-naturalisation evidence (or naturalisation certificate with exact date) from the country of emigration.
• Request the certificato storico di cittadinanza from the ancestor’s Italian Comune (ufficio anagrafe).
• Apostille and translate. Every non-Italian document requires an apostille (or legalisation if the issuing country is not party to the Hague Convention) and a certified Italian translation.
• Book the consular appointment via the prenot@mi portal, or establish Italian residency and present the file to the Comune.
• Preserve pre-deadline evidence. If you booked an appointment or filed documents before 28 March 2025, save all confirmations (screenshots, emails, receipts).
• Parents of minors: file transitional declaration before 31 May 2026. This is a non-extendable deadline.
• If denied: file a ricorso amministrativo within 30 days and consider parallel judicial action before the TAR or ordinary court within 60 days.

Applicants are encouraged to assemble their file as early as possible. Processing delays at foreign archives, apostille offices and Italian municipal registries can add months to the timeline.

Conclusion

The reformed framework for citizenship by descent Italy demands that applicants and their advisors act with precision and urgency. Law No. 74/2025, the 2026 Budget Law and Constitutional Court Judgment No. 63/2026 together define a new landscape in which generational proximity, documentary rigour and strict adherence to transitional deadlines determine outcomes. Whether filing a first application, preserving a pending claim or challenging a denial through administrative or judicial channels, early preparation and specialist legal guidance are indispensable.

This article is provided for general informational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel for advice specific to their circumstances.

Last reviewed: 2 June 2026.

Sources

1. Normattiva, Testo coordinato D.L. 36/2025 converted by L. 74/2025
2. Gazzetta Ufficiale, Serie Generale n. 118, 23 May 2025
3. Dipartimento per le Libertà Civili e l’Immigrazione, Prime istruzioni operative
4. Ministero degli Affari Esteri, Consular citizenship guidance
5. Corte Costituzionale, Judgment No. 63/2026
6. Legge di Bilancio 2026, Official text
7. IBA, From Ancestry to Proximity: Italy’s 2025 Reform