Right wing politicians are on the increase worldwide. Voters are often convinced in the benefits of nationalism and asocial policies, not realising this can hurt them. The Netherlands is a prime example of how its own xenophobia and discriminatory attitudes has ever since 1893 influenced its nationality (and immigration) law. Ultimately to the detriment of many Dutch nationals themselves. Yes, even without any foreign heritage or another nationality you can become a victim. Italy, is now also looking to follow the same course. For Europe in general, when nationalism and rightist ideas, are on the increase this is a worrying trend. Signs of the times, as they say. On 28 March 2025 the Italian nationality law decree law n° 36 starting limiting (jus sanguinis) ancestral nationality possibilities.
We at Habsburg Legal Services have assisted clients in the past with their Italina ancestral nationality/citizenship, 2nd generation. But the Italian authorities are putting a stop on the number of generations allowed. Keep in mind that a law decree is effective the next day and thus now in place. However, it needs to be adopted into regular law in order to stay in place for longer than 60 days. During that time lawmakers may adjust the decree and thus the law further. This could mean further restrictions, or it could mean some relaxation, or if there is no agreement it could stop the decree all together.
This affects dual nationals/citizens, or those wanting to be a dual national. The decree states that in order for be able to get Italian nationality by descent it will now only consider:
- Those born outside of Italy who have applied for Italian nationality confirmation by 27 March 2025.
- Or those who have asked their Italian nationality to be confirmed by an Italian court by 27 March 2025.
Who
- has a parent or grandparent who was born in Italy;
- has a parent who has lived in Italy for two years before the birth;
- is otherwise not stateless (already has another nationality/citizenship).
Which means that Italian great grandparents and further back will no longer be considered under this new decree. Seen that Italian family units often still include a great-grandparent this is thus a possible separation of families by nationality/borders. This will mainly impact Italian families who have migrated to other countries. However, we know that many of these families have strong cultural and family ties with Italy, sometimes maintaining ancestral properties. Some running international businesses which benefit Italy in taxes and revenues.
In addition to the decree, there is a law proposal (draft) which is considering that Italian nationality should require an “effective link” to Italy. This is now being discussed and developed and we understand the following can become part of this new change of law (when?):
- Italian nationals born abroad need to register their birth before age 25.
- Italian nationality can be lost if there is no link/ties with Italy for 25 years. A 25 year Clock. How the ties/link with Itally will be assessed is not yet clear.
- Spouses of Italians can only get the Italian nationality if resident in Italy. This seems contrary to some international treaties.
These are thus (possible) measures where nationalism is ultimately hurting Italians themselves. The Italian diaspora, apparently around 5 million Italian nationals resident abroad in countries like Australia, France, Germany, Canada, New Zealand, US, Brazil, etc, have been known to send a lot of remittances to Italy, and assisting with international trade benefiting the country. Where people feel they are being abandoned, or even banished, they do often break economic links. Changes to laws which may nationalistically sound great, but ultimately can create a lot of hurt for its own people, and the country itself.
News and Opinion
by Kris von Habsburg