Italian Citizenship by Descent: 2026 Living Update
The rules after Law 74/2025, the 2029 transition deadline, and the EU case that is still pending
An Italian biometric passport. Fred the Oyster, CC BY 3.0. Cropped for layout.
The rule now is Article 3-bis — not a simple generation count
Law 74 of 2025 did not create a neat two-generation rule. Article 3-bis of law 91/1992 says that a person born abroad who holds another nationality is considered never to have acquired Italian citizenship unless one of its listed conditions applies. The listed routes include a qualifying administrative application, appointment or court action tied to 27 March 2025; a parent or grandparent who holds, or held at death, Italian citizenship exclusively; or a parent or adopter who lived in Italy for at least two continuous years after acquiring Italian citizenship and before the child's birth or adoption. The actual statutory exception matters more than a family-tree shorthand.
SourcesNormattiva, Italian legal database · Official Gazette of the Italian Republic2
- Normattiva, Italian legal database · in force, checked September 14, 2026
Evidence note. Current statutory text of the cut-off routes and the two substantive exceptions.
- Official Gazette of the Italian Republic · May 23, 2025
Evidence note. Official text introducing Article 3-bis and the transition provisions.
The 27 March 2025 cut-off has three specified routes
Article 3-bis preserves the previous rules only through three specified procedural routes: a documented administrative application filed by 23:59 Rome time on 27 March 2025; an application filed on the day of an appointment that the competent office had communicated by that same time; or a court claim filed by that same time. These are statutory conditions, not a general grace period. A recognition already completed is a different question from a new recognition claim.
SourcesNormattiva, Italian legal database · Ministry of Foreign Affairs and International Cooperation2
- Normattiva, Italian legal database · in force, checked September 14, 2026
Evidence note. Article 3-bis(a), (a-bis) and (b) state the three cut-off routes and the 23:59 Rome deadline.
- Ministry of Foreign Affairs and International Cooperation · checked September 14, 2026
Evidence note. Current official consular guidance links the new statutory conditions to supporting documentation.
One court judgment is final; the EU question is still open
In judgment 63/2026, decided on 11 March and filed on 30 April, the Constitutional Court rejected as unfounded the constitutional and EU-law questions before it and held other questions inadmissible. In separate joined cases, order 147/2026 — filed on 23 July — suspended those proceedings and asked the Court of Justice of the European Union whether Articles 9 TEU and 20 TFEU preclude Italy's rule of original non-acquisition for people born abroad. The Court of Justice register lists the reference as C-816/26, Picuso. That register entry confirms a pending preliminary reference, not an answer on the merits and not a change in the rule today.
SourcesConstitutional Court of Italy · Court of Justice of the European Union3
- Constitutional Court of Italy · decided March 11 and filed April 30, 2026
Evidence note. Full text, procedural record and holdings of the first constitutional judgment.
- Constitutional Court of Italy · decided June 9 and filed July 23, 2026
Evidence note. Suspends the joined proceedings and refers the stated EU-law question under Article 267 TFEU.
- Court of Justice of the European Union · register checked September 14, 2026
Evidence note. The official case register identifies the Italian reference as a request for a preliminary ruling; the register does not show a merits ruling.
For some minors, 31 May 2029 is the date to understand
The 31 May 2029 transition is not a universal deadline for every child. It covers people who were minors on 24 May 2025 and are children of citizens by birth within the cut-off routes named in Article 3-bis(1)(a), (a-bis) or (b). Separately, Article 4(1-bis)(b) allows a declaration for a child of a citizen by birth within three years of birth, filiation or adoption, rather than one. From 1 January 2026, the specified declarations are exempt from the €250 contribution; that change is not retroactive and does not create refunds for earlier applications.
SourcesOfficial Gazette of the Italian Republic · Ministry of Foreign Affairs and International Cooperation · Embassy of Italy in Luxembourg, Ministry of Foreign Affairs3
- Official Gazette of the Italian Republic · published March 14, 2026 after conversion by Law no. 26/2026
Evidence note. Moves the transitional deadline from May 31, 2026 to May 31, 2029.
- Ministry of Foreign Affairs and International Cooperation · checked September 14, 2026
Evidence note. Current official guidance states the 31 May 2029 transition date and distinguishes the ordinary Article 4 route.
- Embassy of Italy in Luxembourg, Ministry of Foreign Affairs · January 6, 2026
Evidence note. Official consular notice on the three-year period, the contribution exemption from January 1, 2026 and no refund for earlier applications.
What this page can tell you — and what it cannot
This is a map of the current published rule, not an answer about an individual family. It cannot determine whether a particular ancestor had exclusive citizenship, whether an old application was complete, whether an appointment satisfies the statutory route, or which documents a particular consulate will accept. Keep the statute, the official consular guidance and the date of any application separate from family memory. If a personal case depends on those facts, use the competent consulate and qualified legal advice before acting. The records themselves still matter: a town, a date and the original acts are useful whether or not a citizenship route remains open.
SourcesMinistry of Foreign Affairs and International Cooperation · Italy, Sourced2
- Ministry of Foreign Affairs and International Cooperation · checked September 14, 2026
Evidence note. Official guidance distinguishes statutory routes and directs applicants to the appropriate administrative process.
- Italy, Sourced · checked September 14, 2026
Evidence note. Our source-backed guide to locating civil and parish records without treating a family story as proof.
This page is information, not legal advice. The rules have changed repeatedly since March 2025 and the EU reference is still pending. Check the date at the top, the current statute and the guidance of the competent consulate before you rely on any part of it.