Italian law protects the legitimate expectation (legittimo affidamento) of individuals who, in good faith, rely on the offices’ instructions and legal framework in force at the time they take meaningful steps to exercise their rights. This principle may be particularly relevant for those who have not yet filed a judicial petition but had already attempted to initiate the citizenship process through official channels.
For example, if you previously booked or requested an appointment at an Italian Consulate, joined a waiting list, exchanged correspondence with the consular office, or can show evidence—such as screenshots from Prenot@mi or VFS Global—that you made real efforts to submit your application under the previous rules, these documents may help demonstrate that you acted reasonably and in reliance on the law as it stood. In such cases, you may be entitled to request that your situation be assessed under the prior legal framework, as fairness and legal certainty are foundational values of our legal system.
Moreover, as many authoritative scholars and legal professionals in Italy confirmed, these new measures denying today the Italian citizenship status of those who received it from their birth from Italian nationals, are in conflict with the basic tenets of Italian law, and have consequences that can conflict with European Union law.
Should the Constitutional Court eventually declare these provisions unconstitutional, those who have already filed judicial petitions would likely benefit from the reinstatement of the previous framework, which did not impose generational limits—reflecting what has long been the consistent interpretation of the jure sanguinis principle.
Additionally, it is important to be aware that on 13 April, the Italian government presented to the Senate a bill proposing a complete reform of Italian citizenship law. Moreover, we have to consider that the discussion is being extended to include other bills and if they pass —possibly within a few months —this reform may introduce significantly more restrictive conditions, such as mandatory language tests and a period of legal residency in Italy prior to application.
For this reason, those who have already gathered most of their documentation may seriously consider moving forward without delay. While each case must be evaluated individually, initiating the judicial process now may offer a strategic advantage, especially if future reforms further limit eligibility or introduce new procedural hurdles.
While outcomes can never be guaranteed, initiating proceedings in a timely manner may prove decisive—particularly in this evolving and uncertain legal landscape.
New Law Decree no. 36 on the Official Gazette
What Can You Gather to Strengthen Your Application?
In the meantime, individuals who have not yet submitted their citizenship applications are strongly encouraged to gather any available documentation that may prove previous attempts to initiate the process. This includes screenshots of consular booking pages with visible names and dates, email correspondence, or any records of communication with consulates. Such materials could be valuable in a legal context to demonstrate that an effort was made to apply under the previous legal framework—though this must be pursued formally before a court.
My team and I will continue to follow the developments closely and provide timely updates. If you’re considering applying for Italian citizenship, now is the time to stay alert, gather any relevant documentation, and act where possible to safeguard your rights.
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