Italian Senate Debates Decree-Law No. 36/2025

Tony Carenzo
Apr 22
4 min read

Italian Senate Debates Decree-Law No. 36/2025: Diverging Perspectives and Future Implications

As the Italian Senate continues deliberations over Decree-Law No. 36/2025, which would overhaul access to citizenship by descent (iure sanguinis), the measure has sparked a heated legal, political, and moral debate — both in Rome and across the Italian diaspora. While supporters tout the reform as overdue, critics warn that it could unconstitutionally strip rights from millions.

Divergent Views in the Senate

Supporters' Perspective

Supporters of the decree, particularly members of the governing coalition led by Prime Minister Giorgia Meloni, argue that Italy’s current citizenship system has become unmanageable, citing delays, overwhelmed consulates, and court backlogs. They emphasize the need for a “genuine link” to Italy — such as recent ancestry or residence — to safeguard the coherence of Italian nationality law and reduce the number of what they call "virtual citizens."1

Opponents’ Concerns

Opposition has come from across the political spectrum — especially from the Democratic Party (PD), members of Movimento 5 Stelle, and representatives elected by Italians living abroad. Notable figures include:

Senator Francesca La Marca (PD), who has denounced the generational limits and lack of public consultation.2
Professor Roberta Calvano (La Sapienza University), who testified that DL36 bypasses constitutional norms and introduces arbitrary discrimination between citizens based on ancestry or place of birth.3
Professor Enrico Grosso (University of Turin), who warned that the law may violate Article 22 of the Constitution and EU obligations.4

Key Dates: Hearings and Parliamentary Timeline

March 28, 2025 – Decree-Law No. 36/2025 is published in the Gazzetta Ufficiale.5
April 8, 9, 10, 15, 16 – The Senate Constitutional Affairs Committee (1ª Commissione) holds five days of public hearings with legal experts, judges, and civic stakeholders.6
April 23 – The committee begins voting on 42 proposed amendments, primarily introduced by the Democratic Party.7
May 27 – Final deadline for Parliament to convert the decree into law. If not approved by both chambers, it lapses automatically.8

Prospects for Amendment or Rejection

Despite the governing coalition’s majority, pressure is mounting from legal scholars, diaspora organizations, and internal critics. The scope and specificity of the proposed amendments suggest the final version may differ significantly from the initial text. A unified opposition — particularly within the Senate — could compel compromise.

Legal Challenges on the Horizon

If the decree is passed in its current form, constitutional and EU legal challenges are expected:

Retroactivity: DL36 limits access to those who have not submitted claims or filed court cases by March 27, 2025, at 11:59 p.m. Rome time.9
Constitutional Concerns:
- Article 22 of the Constitution prohibits revocation of citizenship for political reasons. DL36 is seen by critics as targeting specific diaspora communities without individualized assessment.10
- Article 3 guarantees equality before the law — potentially violated by the decree's inconsistent treatment of descendants based on timing or birthplace.
European Law:
- Under the CJEU’s Rottmann ruling (C-135/08, 2010), member states must apply proportionality and procedural fairness when stripping EU citizenship via national citizenship changes.11

Advocacy, Hope, and What You Can Do

Grassroots campaigns are underway around the globe:

Petitions organized by diaspora groups in Argentina, Brazil, Canada, and the U.S. have attracted tens of thousands of signatures.
Legal teams are preparing amicus briefs and constitutional complaints, should the law pass.
Italians abroad are urged to contact their elected representatives in Parliament — especially those in the Senate — to request support for amendments or full rejection.

The June 2025 constitutional referendum, which includes broader questions of institutional reform, may also shape public pressure on lawmakers.12

Conclusion

Decree-Law No. 36/2025 could represent the most sweeping restriction of Italian citizenship by descent in modern history. The coming weeks will determine whether the reform is adopted wholesale, reshaped through democratic pressure, or defeated by constitutional and international scrutiny. For now, the fate of millions remains in the hands of lawmakers — and the public's willingness to act.

It is important to note that Senate Bill DDL 1450, introduced on April 8, 2025, appears to represent the government’s long-term legislative roadmap for reforming Italian citizenship by descent. It was presented by many of the same lawmakers who backed Decree-Law No. 36/2025 and reflects a broader, more permanent policy framework.

While it shares some core principles with DL36 — such as the emphasis on a “genuine link” and generational limitations — DDL 1450 includes several notable differences, such as structured residency paths and integration measures for descendants.

The bill is currently at the beginning of the standard legislative process and could take anywhere from 3 to 12 months (or more) to be debated, amended, and potentially converted into law.

Here is a video which presents an early analysis of DDL 1450: https://youtu.be/wfbKqEP0P4A?si=-PlkoOGhbHcR5wOt

📚 References

Footnotes

Senate Hearing Transcript – Prof. Sandro De Nardi, April 8, 2025. ↩
Statement by Senator Francesca La Marca, April 10, 2025 – Senate Constitutional Affairs Committee. ↩
Senate Hearing Transcript – Prof. Roberta Calvano, April 9, 2025. ↩
Senate Hearing Transcript – Prof. Enrico Grosso, April 10, 2025. ↩
Gazzetta Ufficiale, Decree-Law No. 36/2025, Published March 28, 2025. ↩
Official schedule and minutes of the 1st Commission: https://www.senato.it ↩
Italianismo – “Cidadania italiana: Votação de emendas ao decreto começa em 23 de abril” (April 17, 2025). ↩
Article 77 of the Italian Constitution – Temporary validity of decree-laws. ↩
Decreto-Legge n. 36/2025, Articolo 3-bis. ↩
Italian Constitution, Article 22: “No one may be deprived of citizenship for political reasons.” ↩
Court of Justice of the EU, Rottmann v. Bavaria, Case C-135/08, 2010. ↩
Wikipedia – “2025 Italian referendum”: https://en.wikipedia.org/wiki/2025_Italian_referendum ↩