Citizenship, the narrow: the descendants of the emigrants will only have it if a parent or grandfather were born in Italy

Just a few weeks before referendumwhose fifth question is dedicated to the acquisition of Italian citizenship, the theme adds another piece in the heated identity and legislative debate after the approval in the Senate of the so -called « citizenship decree», The Legislative Decree 36/25, which received the first green light at Palazzo Madama with 81 votes in favor and 37 against. The measure, which came into force on March 29 after the approval of the Council of Ministers, and which now passes to the Chamber to be converted into law by May 27thintroduces a fundamental principle: that is, that Citizenship is not automatically transmitted to those born abroad in possession of other citizenship, but descendants of Italians, and the recognition of the same also to those born abroad before the entry into force of the provision itself is precluded.

Behind the apparent legal technicality there is a large -scale social phenomenon that has alerted the institutions: The explosion of requests for Italian citizenship from Latin America countriesin particular Brazil and Argentina. The question returned to the limelight after the alarm launched by Farnesina a couple of years ago with the Italian courts and the registry offices of the municipalities deceived by the requests of Oriundi committed to demonstrating Italian descendants that also date back to the mid -nineteenth century. In short, people who no longer have linguistic or cultural ties with our country for generations and who, unlike many immigrants in Italy to whom the citizenship is difficult to obtaindo not work here and, therefore, do not pay taxes nor contribute to the country’s economic growth.

The principle of « ius sanguinis »

The problem arises from the fact that Italian law recognizes The principle of « ius sanguinis », according to which citizenship is transmitted by descent. It is a principle that, after the era of strong Italian emigration, between the late nineteenth and early twentieth centuries, has left a long and lasting trail. It is estimated that today people of Italian origin in the world oscill between 60 and 80 million. The majority of which they live in South America. And from there, now from the beginning of the 2000s, the avalanche of requests for recognition of an Italian citizenship has arrived which, in many cases, does not mean the desire to return to the land of the fathers, as to be able to get your hands on the advantageous European passport.

The country where requests are greater is Brazil. According to unofficial data, in only 2024 over 30 thousand Brazilian citizens would start the process to obtain Italian citizenship, a figure that is added to the approximately 20 thousand Argentina. Numbers that, in some of our regions, exceed the internal requests of citizenship by immigrants residing in Italy.

What changes with the decree

And thus we come to decree 36/25, approved in the Senate with the support of the center -right government. This intervenes in particular on procedures and controls, introducing new tools to monitor requests and limit abuses and, as mentioned at the beginning, It introduces a large limit in principle of « ius sanguinis »: citizenship is transmitted by descendants, but no longer automatically to all those who were born abroad from parents in possession of other citizenship but descended from an Italian citizen born after 1860 (the year in which Italy became a single kingdom).

Therefore, to be entitled to Italian citizenship, after the approval of the Chamber, one of the following conditions must be respected:
1) The state of Italian citizen of the interested party has been recognized, in compliance with the legislation applicable to March 27, 2025, following an application, accompanied by the necessary documentation, presented to the consular office or to the competent mayor no later than 23:59, time of Rome of the same date;
2) The state of Italian citizen of the interested party has been judicially ascertained, in compliance with the legislation applicable to March 27, 2025, following a judicial request submitted no later than 23:59, time of Rome, of the same date;
3) A parent or adopting Italian citizen was born in Italy; A parent or adopting Italian citizen has been resident in Italy for at least two continuous years before the date of birth or adoption of his son;
4) An ascendant Italian citizen of the first degree of parents or adopting citizens was born in Italy.

And this last point is, perhaps, the most interesting one: Italian citizenship can only be inherited from a parent or a grandfather who was already in possession because he was born on Italian soil. The regulatory intervention therefore has the aim of connect the automatic transmission of citizenship to the existence of an effective link with Italy. Stop, therefore, to the infinite more or less truthful genealogical trees drawn up to demonstrate the descent from a remote Italian Avo, perhaps landed on the American coasts when united Italy had just been born. « It is not a question of denying a right, but of safeguarding its balance and sustainability, » said the senator Carlo Bruni (Fdi), speaker of the provision. Critics, on the other hand, speak of an ideological close that risks compromising historical and cultural ties with Italian communities abroad. Those to which Silvio Berlusconi had recognized the right of representation, with the Tremaglia law, which in 20o3 had established the foreign district and the consequent right of the Oriundi in possession of the citizens to send their representatives to our Parliament.

The eye for Italian blood immigrants

Of course, the Meloni government, which has a strong ethnic-nationalist connotation, However, recognize the advantages deriving from the blood For those who have at least one Italian grandfather. Foreigners descending from an Italian (emigrated to one of the countries that welcomed the most relevant flows of our emigrants) in fact the entry and stay for subordinate work is allowed, outside the maximum altitudes of foreigners to be admitted in the territory of the State for work. In addition, always for foreigners or grandchildren of Italians, the period of legal residence in Italy is reduced to two years (from the three originals), prescribed for the granting of citizenship.