Italian citizenship by descent – what the 2025 Tajani decree means for applications already filed
The decree issued by Minister Michele Tajani in March 2025 introduced new rules for jure sanguinis (citizenship by ancestry) applications. However, the law expressly preserves the pre‑decree regime for cases that were submitted before the cutoff. This distinction is crucial for applicants who have already filed a petition with a consulate, a municipality (comune), or an Italian court.
Cut‑off date and how to verify it
- Official deadline: 27 March 2025, 23:59 Rome time.
- Court filings: The filing receipt must show a date ≤ 27 Mar 2025 (including the exact time).
- Municipality (comune) filings: The clerk’s stamp on the application form must be dated ≤ 27 Mar 2025.
- Consular filings: The stamp placed by the consular clerk on the application (or on the envelope for mailed submissions) must bear a date ≤ 27 Mar 2025.
- Mailed applications: The post‑office stamp on the package determines the official filing date; the consulate required that the mail be sent on the appointment day.
If the relevant stamp or receipt shows a date on or before 27 March 2025, the case is governed by the old rules, regardless of when the decision is finally rendered.
What “old rules” entail
- Eligibility criteria remain those that were in force before the decree (e.g., no generational limits, no requirement for the ancestor to have resided in Italy after 1948).
- Processing times are not altered by the decree; the maximum statutory period is 730 days (two years) from the date of filing.
- Outcome expectations: If the application is approved, the applicant can proceed to register with AIRE (the registry of Italians abroad) and request an Italian passport.
Potential pitfalls after the decree
- Clerical errors: A consular or municipal clerk may mistakenly apply the new rules to a pre‑cut‑off case and issue a denial.
- Limited recourse at the administrative level:
- At a comune, the applicant can usually approach the single citizenship officer directly, either in person or by phone.
- At a consulate, access is more restricted; appointments are required and phone contact may be difficult.
How to contest a wrongful denial
- Administrative appeal: Not available; the only avenue is judicial review.
- Judicial petition:
- Must be filed by a qualified attorney who receives a power of attorney from the applicant.
- The petition should detail the filing date, attach the relevant stamp/receipt, and argue that the case falls under the old regime.
- A rejection letter (often sent by email) triggers a deadline for filing the appeal; missing this deadline can forfeit the right to contest.
Timeline for decisions
- Consulates and comuni have up to 730 days to render a decision.
- For a filing in March 2025, the latest possible response could be around March 2027.
- In practice, many offices provide no interim status updates; applicants typically receive a single notification when the decision is final.
When the old rules may still apply after the cut‑off
Even if an application is filed after 27 March 2025, the old regime can be invoked when the applicant can demonstrate that:
- The submission could not have occurred before the deadline through no fault of their own (e.g., lack of available appointments, administrative delays).
- The applicant can prove this circumstance in court, potentially leading to the case being judged under the pre‑decree criteria.
This possibility will be further clarified by pending judicial reviews:
- Constitutional Court – scheduled for June 2026.
- Supreme Court – scheduled for April 2026.
Both courts will assess the constitutionality and implementation of the Tajani decree, which could modify or overturn aspects of the new rules.
Practical checklist for applicants with pre‑decree filings
- Locate the filing proof (court receipt, municipal stamp, consular stamp, or post‑office stamp).
- Confirm the date is on or before 27 March 2025.
- Monitor communications from the consulate/comune; keep copies of all emails and letters.
- If denied, request a written explanation and note the deadline for appeal.
- Engage an attorney promptly to prepare a judicial petition, providing all date‑verification documents.
- Track the 730‑day limit to ensure the authority does not exceed the statutory processing period.
By adhering to these steps, applicants can safeguard their entitlement under the pre‑decree framework and pursue the appropriate legal remedies if an error occurs.
