TAJANI DECREE
In the spring of 2025, the Italian Parliament passed Law 74/2025 (converting the emergency Tajani Decree No. 36/2025), introducing some of the most restrictive changes to Italian citizenship by descent (jure sanguinis) in modern history. While online forums claimed that third- and fourth-generation descendants were permanently cut off, the legal reality inside the Italian tribunals tells a far more nuanced story. In this inaugural episode, Avv. Salvatore Aprigliano breaks down the precise mechanics of the new reform, the legal exemptions created by the March 27, 2025 grandfather deadline, and the constitutional arguments being used to defend Italian descendants worldwide. Salvatore also reveals details from two precedent-setting 2026 court decisions secured directly by Aprigliano International Law Firm in the Court of Bologna (Rulings 3335 and 4038), proving that the right to Italian citizenship remains viable for those with the right evidentiary strategy.
EU LAW
While the Italian Parliament introduced Law 74/2025 (The Tajani Decree) to restrict Jure Sanguinis, Italian citizenship carries a far broader legal reality: it automatically confers European Union citizenship and all associated rights under EU treaties. In this episode, Avv. Salvatore Aprigliano explores the European dimension of Italian citizenship litigation. When domestic legislation restricts or removes a citizenship status historically recognized from birth (ex tunc), it directly triggers fundamental principles of European Union law—opening critical avenues for protection before independent Italian judges and the Court of Justice of the European Union (CJEU).
Proof of Activation
Following Constitutional Court Ruling 63/2026, headlines claimed that the Tajani Decree (Law 74/2025) had permanently closed the door on Italian citizenship by descent (jure sanguinis). However, a careful legal analysis of sections 9.1 and 9.2.2 reveals a critical protection: the door remains open for those who actively initiated their recognition process before the March 27, 2025 statutory deadline, even if they never secured a consular appointment.