Don’t Let New Limits Stop You: High Chances to Win Your Italian Citizenship by Descent​

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New Limits, New Hope

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As of March 28, 2025, Italy introduced Decree-Law No. 36/2025 (known also as the “Tajani Decree”) which significantly changes who qualifies for citizenship by descent (jure sanguinis). 

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• The law limits automatic recognition to those who have at least a parent or grandparent born in Italy. Applicants whose Italian ancestor is a great-grandparent or more distant are no longer eligible under the new automatic rules. imidaily.com+3The Florentine+3Boccadutri+3

• It also introduces deadlines: applications or judicial filings must have been submitted by March 27, 2025 to the relevant consulate/comune or court, to be processed under the old rules. 

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These changes have created concern among many descendants of Italian emigrants, particularly those whose Italian ancestor is more distant than a grandparent.

Yet, the law is not the final word and it does not automatically eliminate your chance if your ancestry goes back further, because many of your legal rights derive from established jurisprudence and constitutional guarantees.

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Precedents and Constitutional Protections Give You Grounds to Fight

 

​Here’s why it still makes sense to attempt a legal recourse in Italy, even under the new decree:​

1. Constitutional Principle & Case Law
   Italian Constitutional Court and Court of Cassation have historically upheld that jure sanguinis is a constitutional right tied to equality before law and heritage. When new laws or decrees infringe upon “acquired rights” or rights already recognized, courts often intervene.

2. Transitional Provisions & Old Claims
   If your citizenship recognition application or judicial petition was already in the works before the March 28, 2025 cut-off, or if your documentation was completed, you may still be processed under the old rules.

3. Judicial Recourse
   Even for those now excluded from automatic eligibility, the judicial route (ricorso jure sanguinis in Italy) allows petitioning a court to argue that the new law violates constitutional protection of established rights. A strong legal argument can succeed, especially when lineage is well documented.

4. Evidence & Documents
   Many consular rejections are based on minor discrepancies. Courts have the power to correct these. If documentation is solid, and your ancestor’s renunciation (if any) is correctly accounted for, your case can still win.

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What We Offer: Your Strategy Under the New Legal Landscape

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With these limits in place, legal expertise becomes even more critical.

Here is our strategy that maximizes your chances:

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• First Consultation: a detailed review of your ancestry, documentation, and whether you might have submitted (or can submit) something before the deadline. We assess whether your case may fall under old rules or constitutional protection.

• Judicial Filing in Rome: If applicable, we will file the ricorso jure sanguinis in the Tribunale competente in Italy, handling all paperwork, legal notices, translations, and follow-ups. No need for you to relocate.

• Handling Document Discrepancies: We prepare to anticipate and correct name mismatches, missing birth/marriage/death certificates, naturalization records, etc.

• Issuing Legal Notices if Necessary: In case of consular silence or unjust refusals, we send formal legal notices in Italy and escalate.

• Maximized Success Rate: Even with the new limits, our track record remains high because we operate in anticipation of legal chaos, using both jurisprudence and constitutional mandates in your favor.

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What to Expect: Timing, Effort, Benefit

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• If you qualify, recognition in 8-12 months through court is still realistic.

• You do not need to move or become a resident in Italy. The process can be managed remotely.

• You retain your current citizenship—dual citizenship remains valid.

• You gain EU mobility, rights, and legal recognition as an Italian citizen.

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Why It’s Worth Trying

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• Even if denied under automatic consulate rules, a court decision can override administrative denials because courts must respect constitutional rights and settled case law.

• The new law has already drawn legal challenges—so there is a real chance that exclusions based on great-grandparent lineage will be found unconstitutional.

• The financial, personal, and strategic benefits are very large compared to the relatively low risk of pursuing a legal case with an expert lawyer.

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Act Now Before It’s Too Late

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The law may have changed, but your rights are not extinguished. With expert counsel, the window for successful citizenship by descent is still open. And even under the new restrictions, the courts can—and do—protect people with deeper ancestral connections.

Don’t let legislative changes scare you into giving up a right that may be enforceable. Book your first legal consultation with us today—we’ll evaluate your case with clarity, honesty, and legal strength.
Your heritage.

Your right.

Our strategy.

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We're ready to Assist You!