New Italian Citizenship Law 2026: What Changed

META DESCRIPTION: Explore the changes in the new Italian citizenship law in 2026, including deadlines, criteria, and impacts for descendants of Italians.

Starting in 2025, the rules on citizenship by blood (iure sanguinis) underwent changes that, in 2026, continue to shape applications and strategies for Brazilians with Italian ancestry. This article summarizes the current legal framework, what changed, who was affected, and how to proceed through the judicial route.

Summary of the essential changes announced and what remains the same

• In essence, the reform known as the Decreto Tajani (DL 36/2025, converted into Law 74/2025) restricted the administrative and consular path for recognition of cittadinanza italiana jure sanguinis. According to the decree text, the consular route was limited to children and grandchildren of Italians; further generations (great-grandchildren onward) lost direct consular access. (source: Decreto Tajani — DL 36/2025, converted into Law 74/2025)
• comuni and consulates practically stopped recognizing cidadanias autonomously for the majority of applications involving later generations — the local administrative path was heavily restricted. (source: Decreto Tajani / Ministry of the Interior)
• Access to the judicial process remains an alternative for many applicants, but now under new limitations and with interpretations pending by higher instances, especially the Sezioni Unite della Corte di Cassazione and the Constitutional Court. (source: Corte di Cassazione; Corte Costituzionale)
• What remains the same: the legal principle of iure sanguinis — birth of a child to an Italian citizen — continues to be the legal basis for citizenship, and Italian and foreign civil documents remain as the basic proof of ties.

Who is affected by the new rules (descendants, marriages, deadlines)

• Mainly affected: great-grandchildren and subsequent generations who previously could pursue via consulate or comune. For these generations, the consular route has been barred, leaving in many cases only the judicial route.
• Children and grandchildren maintain the consular route, within the limits of the decree. (source: DL 36/2025 / Law 74/2025)
• Marriages to Italian citizens follow separate rules for acquisition by marriage; the reform did not eliminate the possibility of naturalization by marriage, but there may be procedural changes. Check residency deadlines and requirements at the Ministry of the Interior. (source: Ministry of the Interior)
• Procedural deadlines: the decree changed administrative procedures and jurisdictional matters; deadlines for consular and administrative submissions were shortened or redistributed, increasing pressure on those who still intend to use administrative avenues. (source: Ministry of the Interior; administrative measures 2025–2026)

Practical impact for those who have already started the process

• Applications filed before the effective date of the Tajani Decree are protected by the decree itself — so it is essential to verify the protocol date. (source: DL 36/2025 / Law 74/2025)
• For processes not yet started, strategy must consider that many administrative paths are closed: pay attention to the need for judicial action and the preparation of robust documentation.
• It is recommended to assess whether the request was properly registered and the nature of the procedure (administrative, consular, or judicial), as legal protection and the decree’s effects vary by protocol type. (source: legal texts and guidance from the Ministry of the Interior)

Updated requirements: documents, deadlines, and proof of ties

• Basic documents remain birth, marriage, and death certificates of the ascending lines, translated and apostilled where required; what changed is the requirement for more detailed evidence in judicial proceedings to demonstrate continuity of the link. (source: consular and judicial guidance)
• Formal deadlines for presentation and possible correction of documents were regulated by administrative acts after the decree; consult the consulate or local court for current numbers and deadlines. (source: Ministry of the Interior)
• In judicial proceedings, the importance of supplementary evidence grows — residence records, complete certificates, and any judgments recognizing ties — due to administrative restrictions. (source: decisions of lower courts; procedural guidelines)

Changes in the competent court and judicial proceedings in Italy

• The judicial route remains; however, competence and processing can vary depending on the chosen forum and the interpretation of retroactivity by the Sezioni Unite. (source: Corte di Cassazione — Sezioni Unite)
• In 2026, many cases are decided in Italian civil courts where filed, with stages for evidence production and possible expert reports. Average time can be long and depends on the court. (source: judicial decisions and news reports)
• Judicial costs and attorney fees are variable and depend on the lawyer and the court; it is not possible to provide numbers without consulting local professionals and the local court.

Cost changes and estimated time for processing

• Generally, restricting the administrative route tends to increase costs and time, because the judicial route is longer and involves attorney fees and translation, apostilles, and travel expenses. (source: legal analyses and reports)
• There are no public standardized values for all cases; each case has its own reality. Check quotes and forecasts with lawyers in Italy. (source: courts and professional boards)

How the new law affects cases already underway

• Cases filed before the decree’s effective date remain protected as provided by the decree itself; however, the retroactivity of the text affects the material rights for new births as interpreted by the legislator, prompting questions before the Sezioni Unite. (source: DL 36/2025 / Law 74/2025; court discussions)
• For those already in court, the key point is the protocol date and the nature of the request — administrative/consular vs. judicial. Check with the court clerk or consulate to confirm status. (source: judicial and administrative orders)

Step-by-step judicial procedure: what to bring to Italian courts

1. Gather complete certificates (birth, marriage, death) for every generation, translated by a sworn translator and apostilled when required.
2. Prepare power of attorney for an Italian attorney if needed.
3. File the action in the competent court (check the forum).
4. Present documentary evidence in the record and request any expert testimony.
5. Await a decision: the route may include appeals.
   (source: procedural practices and legal guidance; consult an attorney in Italy)

Tips to avoid common delays

• Start obtaining translations and apostilles early.
• Ensure you request complete certificates (not just extracts).
• Check protocol dates for legal protection; keep receipts.
• Use citizenship-specialized lawyers in Italy to guide your judicial strategy. (sources: lawyers and coverage on proceedings)

Impact for Brazilian descendants with territorial ties in Italy

• Territorial ties (residences, properties, deeds) can serve as supplementary evidence, but they do not replace civil certificates. (source: legal practice)
• The reform does not exclude regional rights, but it complicates administrative routes — assess local possibilities in specific comuni by consulting the competent city hall. (source: comuni; Ministry of the Interior)

Special conditions for marriages with Italian citizens

• Naturalization rules by marriage remain distinct from iure sanguinis; residency requirements and language/document prerequisites remain relevant. Check with the consulate for current rules. (source: Ministry of the Interior; Italian consulates)

Risks and pitfalls to avoid during the application

• Do not use incomplete certificates or those without apostille.
• Do not ignore the protocol date when there are ongoing cases.
• Do not rely on promises of administrative recognition for generations that, after 2025, have been denied via consulate/comune. (sources: DL 36/2025 / Law 74/2025; official guidance)

How to follow official updates and reliable sources

• Track announcements from the Italian Ministry of the Interior and the Ministry of Foreign Affairs; newspapers like Corriere della Sera and La Repubblica provide analyses; decisions of the Sezioni Unite are essential to interpret retroactivity. (sources: Ministry of the Interior; Corte di Cassazione; Italian media)
• In Brazil, Italian consulates publish official guidance on their websites.

Where to seek legal guidance in Italy

• Law firms specializing in citizenship and local bar associations.
• Secretaries of the competent courts for procedural information.
• Official government sites and consulates. (sources: bar associations; courts; consulates)

Useful resources for checking certificates and proofs

• Italian civil registry (Anagrafe/Comune) for original certificates.
• Apostille and sworn-translation portals recommended by the consulates.
• Parish records for older certificates when needed.

Executive summary: pros, cons, and future outlook

• Pros: greater administrative clarity for children and grandchildren; judicial channels allow challenging criteria.
• Cons: great-grandchildren or later generations lose the consular route; higher costs and time due to the need for judicial action.
• Outlook for 2027: depends on decisions by the Sezioni Unite and possible Constitutional Court review of the material retroactivity of the decree — developments that could alter interpretations and set new precedents. (sources: Corte di Cassazione; Corte Costituzionale; DL 36/2025)

Next steps for those who have not started yet: determine your generation (child, grandchild, great-grandchild), confirm the protocol date if a case exists, gather complete certificates in advance, and seek specialized legal guidance in Italy. For updated information, follow the news and the official pages of Italian authorities. Conclusion.