Summary: Introduction. – Evolution of the rules regarding acquisition based on family relationships. – Evolution of regulations regarding ways of acquisition based on the connection with the territory and community. – Reform attempts. – Conclusions.
Introduction. In 2024-2025, there have been several developments regarding the Italian citizenship framework as defined in 1992 by Law No. 91. Specifically, reference is made to the so-called ius scholae proposals presented in the second half of 2024, and, regarding 2025, to the innovations introduced with Decree-Law No. 36 of March 28, converted with modifications by Law No. 74 of May 23, as well as the referendum held on June 8-9. In this context, it seems useful to reconstruct how, starting from 1992, the Italian regulation concerning the ways to acquire citizenship has been modified. Even at a first glance, one can see that there have been many changes. It is also immediately apparent that the legislator has not implemented one or two major reforms, but rather several interventions on specific aspects. But what changes have been made? This paper provides an overview of this, highlighting the most significant developments. In this reflection, the guiding reference has been the question found in the title of this paper: towards overcoming familism in the Italian citizenship framework? This question echoes the title and content of an essay by Giuliana Zincone from 2006: Familismo legale: come (non) diventare cittadini (“Legal Familism: How (Not) to Become Citizens”). In that essay, the author polemically described Italian citizenship as a “family affair” meaning that, with the 1992 law, it was decided to prioritize the acquisition of citizenship based on family ties, restraining the access through connection with territory and community instead, and this approach went well beyond what is generally observed in most other European citizenship laws although based on the ius sanguinis, thus giving rise to an out-and-out Italian familistic model, which ended up disadvantaging immigrants and their daughters and sons. What elements formed the basis of this assessment? It was grounded in the following features of the regulations introduced in 1992. As for the acquisition of citizenship by virtue of family ties under that legislation:
- a person becomes a citizen at birth if she/he is the child of a citizen (Art. 1). Based on this principle, even someone born abroad who can prove she/he has an Italian citizen relative in the ascending line is entitled to citizenship, without the generational limits present in other European laws that also incorporate this principle
- moreover, minor daughters and sons living with a person who acquires citizenship gain citizenship themselves (Art. 14)
- finally, the spouse of an Italian citizen can acquire citizenship after legally residing in Italy for at least six months or, if that requirement is not met, after three years from the date of the marriage (Art. 5).
In terms of acquiring citizenship through territorial and communal ties, the provisions introduced in 1992 indicate that:
- a person born in Italy to two foreign parents does not acquire citizenship at birth (unless the parents are stateless or unable to pass on their own citizenship). Such a person may request citizenship based on being born in Italy only by adding an additional requirement, namely having resided legally in Italy until reaching the age of majority (Art. 4). It should be noted that, for example, in France, the daughters and the sons of immigrants born on the territory can, on such grounds and with stable residence, acquire citizenship before coming of age
- an immigrant can obtain citizenship by residence only through concession, that is, following a discretionary evaluation. The application can be submitted after ten years of legal residence in Italy, unless the person falls into a category with an easier regime (Art. 9). Previous legislation, it should be noted, required only five years, as is provided in France and several other European countries.
What remains of these features—and thus of the Italian familistic model—in the current regulations after the amendments? Evolution of the rules regarding acquisition based on family relationships. In 2009, with Law No. 94, regarding acquisition by marriage, the requirement of residency in the territory for at least six months was replaced (by amending Article 5 of Law No. 91) with that of at least two years of residence after the marriage (with the period reduced by half in cases where the spouses have children). Consequently, waiting times for resident spouses in Italy have been lengthened. It should be noted that this extension of the waiting period was introduced through legislation aimed at countering the use, by some immigrants, of sham marriages to increase their chances of remaining in the territory by acquiring citizenship. With the already mentioned Decree No. 36 of 2025, a new provision was introduced in Law No. 91, intended to limit the effects of the principle according to which a daughter or a son of a citizen is automatically a citizen. It was established (with the new Article 3-bis) that this is not the case when the child is born abroad (although there are certain exceptions to this exclusion, notably when granting citizenship is necessary to avoid statelessness, or if there is, in any case, a first- or second-degree ancestor who holds only Italian citizenship). The Decree No. 36 also introduced into Law No. 91 a provision aimed at reducing the effects of the principle according to which minor daughters and sons living with a person who acquires citizenship also acquire citizenship themselves. It was established (through an amendment to Article 14) that this principle applies only if, at the time the parent acquires citizenship, the minor has been legally residing in Italy for at least two years – or, if under the age of two, since birth. In the absence of this requirement, it should be noted, the person may still obtain Italian citizenship, but only after reaching the age of majority, provided the two conditions of being born in Italy and of uninterrupted residence in the country are met, or, lacking these, through concession under the terms specified above. As set out in the explanatory report accompanying the conversion law of Decree No. 36, the two aforementioned modifications were introduced to temper the principle of citizenship transmission by family lineage, generally requiring the existence of effective and current ties with the national community. In summary, the evolution has resulted in longer waiting times for acquisition through marriage and a reduction in opportunities regarding acquisition by virtue of citizenship obtained by a parent or held by an ancestor in the ascending line. Evolution of regulations regarding ways of acquisition based on the connection with the territory and community. As for the ways of acquiring citizenship linked to ties with the territory and community, the main change was introduced with Decree-Law No. 113 of 2018, which essentially introduced (adding Article 9.1 to Law No. 91) an additional specific requirement for acquiring citizenship by concession on the terms specified above: the possession of a certificate proving knowledge of the Italian language at no less than B1 level of the Common European Framework of Reference (this requirement, it should be noted, was also established for acquisition by virtue of marriage). The legislator has also intervened several times to establish the time limit for examining citizenship concession applications. Most recently, with Decree-Law No. 130 of 2020, this limit was set at twenty-four months, extendable up to a maximum of thirty-six months (Art. 9-ter). With Law No. 98 of 2013, municipalities of residence were required to inform foreign nationals born in Italy and residing in the country of their right to apply for citizenship upon reaching the age of majority. The same law also established that the requirement of uninterrupted residence for this method of acquisition can be proven by any suitable means, even in the absence of formal registration in the civil registry. Through Law No. 98, the legislator intervened on factors that often hinder the acquisition of citizenship by daughters and sons of aliens born in Italy: not knowing, at times, of their right to request citizenship upon coming of age; or not having, in some cases, a regular, continuous civil registration from birth to adulthood, even though having actually resided uninterruptedly. However, this was an intervention concerning only one way of acquisition and limited to specific situations. Regarding the other previously mentioned measures, it is worth noting that:
- the introduction in 2020 of a time-limit for the processing of citizenship concession applications came at a time when, in practice, proceedings already lasted roughly that long, thus in some way simply legitimizing a pre-existing situation
- the introduction in 2018 of the requirement of Italian language knowledge at no less than B1 level for the granting of citizenship came in a context where, in fact, the administration already sometimes denied concession on grounds of insufficient integration, as evidenced by a lack of language skills. It should also be noted, above all, that by setting the minimum required level relatively low, this requirement did not constitute a real obstacle.
Therefore, overall, there have not been significant changes regarding the factors that hinder the acquisition of citizenship by immigrants and their daughter and sons. Reform attempts. Finally, it is appropriate to consider recent or ongoing attempts to reform the citizenship legislation. Among the recent initiatives, two merit particular attention:
- in September 2015, the Chamber of Deputies approved a reform bill that specifically introduced the so-called “tempered ius soli,” which would allow foreign parents of a child born on Italian soil to request Italian citizenship for their child under a single condition: that at least one of the parents held a permanent residence permit, following a model adopted in both German and UK law. The bill then passed to the Senate, but it was not approved before the end of the legislative term and therefore lapsed
- on June 8-9, 2025, as mentioned earlier, a referendum was held concerning citizenship concession. The referendum question essentially proposed to reduce the required period of legal residence for applying for citizenship back to five years, as was the case under the rules prior to the 1992 law. The referendum was unsuccessful: only thirty percent of eligible voters participated, while the Italian Constitution requires a majority of eligible voters for the consultation to be valid.
As for the ongoing reform attempts, particular attention should be given to the one mentioned at the outset, which aims to introduce the so-called “ius scholae.” Essentially, this proposal aims to introduce a new pathway to citizenship for the children of immigrants – either those born in Italy or those who arrived through family reunification – allowing them to acquire citizenship before reaching the age of majority, provided they have completed a certain number of years of school attendance (with the exact period varying depending on the proposals). This attempt deserves special attention because, in the second half of 2024, bills on the subject were introduced by several parties from both the majority and the opposition (Forza Italia, Partito Democratico, Movimento 5 Stelle). Overall, a clear intention to give greater value to ties with the territory and the community emerges in these attempts. Conclusions. Regarding the question posed in the title of this paper, the following should be observed. As highlighted, there has been an extension of waiting periods and a tendency to reduce opportunities for the modes of acquisition based on family ties; as for acquisition ways linked to ties with the territory and community, there have not been significant changes in the factors hindering citizenship acquisition by immigrants and their children. Considering the current framework, it can therefore be concluded that the familistic character of the legislation has certainly been mitigated to some extent. However, this does not justify claiming that the Italian familistic model has disappeared: acquisition based on ties with the territory and community remains more restricted compared to what occurs, for example, in France or Germany. A more decisive mitigation of the Italian familistic model, if not its complete overcoming, would occur if the reform proposals discussed above were implemented, essentially resulting in an alignment with the French model. However, this does not appear likely in the short to medium term, particularly because:
- after the failure of the June 8-9 referendum, it is unlikely that the idea of returning to a five-year legal residency requirement for applying for citizenship will even be reconsidered soon
- many important political forces are firmly opposed to the introduction of ius scholae, or in any case, do not consider it as a
It is natural, finally, to wonder about the reasons that have led to the changes and the projects discussed in this paper. In particular: were these changes and projects motivated by a desire to mitigate or even ultimately overcome the Italian familistic model of citizenship? Given that the motivations behind political actions are difficult to simplify, it seems fair to say that such changes and projects were only partly driven by this intention. First of all, as has been pointed out, the modifications and projects have always concerned specific aspects of the legislation. There has not, therefore, been the kind of comprehensive reconsideration within which a broader rethinking of the balance between acquisition by family ties and acquisition by ties to the territory and community might have taken place. Furthermore, regarding the background of individual modifications, in some cases the motivations were of a very different nature: consider, for instance, the intention to counteract sham marriages, which led to the 2009 changes regarding citizenship acquisition by marriage. In other cases, the desire to give more value to ties with the territory and community by limiting the importance of family ties indeed emerged—this was particularly noted in relation to Decree No. 36 of 2025. However, it must generally be observed that the underlying motivation for almost all the changes was predominantly a generic desire to slow down the acquisition of citizenship by the immigrants and their daughter and sons.
Ennio Codini, Head of Legislation Department.
Milan, September 14, 2025
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