Italian citizenship is primarily governed by Law No. 91 of 1992, which outlines how citizenship can be acquired, transmitted, or lost. One key pathway is citizenship by descent (jure sanguinis), which allows individuals with Italian ancestry to claim citizenship.

Before the 2025 reform, the rules for jure sanguinis were relatively inclusive. Citizenship could be passed down indefinitely through either the paternal or maternal line. The naturalization of an ancestor in a foreign country did not prevent the transmission of citizenship, as long as it occurred after the birth of their child.
However, jure sanguinis citizenship was not automatic—it required a formal application, either at an Italian consulate abroad, a municipality in Italy, or through the courts, supported by documentation proving the family lineage and continuity of Italian citizenship.
With the entry into force of Law No. 74/2025, the criteria for obtaining Italian citizenship have become significantly stricter than before. In the next paragraph, you can find these criteria explained in detail.
However, the legal framework is currently subject to important judicial scrutiny. In July 2026, the Italian Constitutional Court referred a preliminary question to the Court of Justice of the European Union (CJEU), asking whether certain restrictions introduced by Article 3-bis are compatible with EU law. The proceedings are still pending, and their outcome could have significant implications for individuals who would have qualified under the previous legal framework. You can find more information in our dedicated article on the EU Court proceedings and their possible implications for Italian citizenship, LINKED HERE.
Eligibility Criteria Under Law No. 74/2025 (New Italian Citizenship Law)
To apply for Italian citizenship by descent, you must meet the following conditions (art. 3bis L. 91/1992):
OR
As highlighted above, the highly restrictive approach adopted by the new legislation raises certain issues that could potentially conflict with European Union law. For this reason, many lawyers and legal scholars believe that it may be possible to pursue a claim through the Italian courts even for individuals who do not meet the requirements of Article 3-bis but would have qualified under the previous legislation, in anticipation of a potentially favorable ruling by the Court of Justice of the European Union.
As a result, many applicants are already choosing to prepare their documentation and move forward with their cases rather than waiting for the Court’s final decision.
The Application Process
How AcrossBoundaries Can Support You
Navigating the legal landscape created by the new law on Italian citizenship can be difficult. That's where AcrossBoundaries comes in. We are a team of dual citizenship lawyers working directly with the Italian Court, which allows our customers to avoid delays at consulates and obtain Italian citizenship within one year.
Our services include:
Conclusion
No. 74/2025 has introduced more restrictive eligibility criteria, the legal landscape is still evolving. Applicants who meet the requirements of the new law can proceed under the current legal framework, while those who would have qualified under the previous legislation may still have legal options available, particularly in light of the ongoing proceedings before the Court of Justice of the European Union.
Every family history and citizenship case is different. Understanding which legal framework applies to your situation and evaluating the available options is therefore an essential first step. With AcrossBoundaries supporting you throughout the process, you can assess the most appropriate path toward Italian and EU citizenship based on your individual circumstance.
Contact Us
Obtaining Italian citizenship is a complex process that can require a significant time investment, and mistakes or incomplete paperwork could jeopardize your application. If you have any doubts or questions about the Italian citizenship by descent application, BOOK A 100% FREE CONSULTATION TODAY.
We’re here to guide you every step of the way.
Article written on August 20th 2026

WhatsApp: +39 351 4658175
Email: info@acrossboundaries.org
AcrossBoundaries - Via San Gregorio 25, Milano 20124 - P.IVA 14112020962