Decreto Legge 36/2025
Legal Impact and Our Response
By Atty Adriana Ruggeri
Dear All,
A note to explain the recent Decreto Legge No. 36 (DL 36/2025) and how our law firm intends to respond.
On Friday, March 28, the Italian Government issued an emergency decree (DL 36/2025) which, if converted into law in its current form, would limit eligibility for Italian citizenship by descent. Specifically:
Our team is monitoring the situation closely, and Attorney Adriana Coco Ruggeri is already preparing to challenge the decree as it contains multiple provisions that appear unconstitutional and legally unsound.
Let us be absolutely clear: this is not a legislative reform we can accept in silence. There will be structured and sustained legal opposition, and our law firm will be at the forefront of that challenge—because defending constitutional principles and legal continuity is not only our professional responsibility, but the very foundation of a functioning legal system.
Critical Legal Milestones Ahead:
It’s important to note that this Decree does not reflect any hostility from the Italian people toward those seeking to reclaim their heritage. Rather, it seems to arise from financial limitations and political mismanagement, especially the government’s failure to establish efficient, scalable processes for handling citizenship applications.
With nearly thirty years of litigation experience, Attorney Ruggeri is already dissecting the decree and developing a comprehensive legal strategy to defeat it. This is precisely the type of high-level litigation where she excels, and she will lead this response with unwavering determination.
Our Strategy:
Attorney Adriana Coco Ruggeri
Coco Ruggeri Law Associated
< Go Back
A note to explain the recent Decreto Legge No. 36 (DL 36/2025) and how our law firm intends to respond.
On Friday, March 28, the Italian Government issued an emergency decree (DL 36/2025) which, if converted into law in its current form, would limit eligibility for Italian citizenship by descent. Specifically:
- Citizenship claims based on an Italian grandparent would still be permitted;
- Claims based on great-grandparents or earlier ancestors would be excluded;
- For claims based on an Italian parent, the decree requires proof that the parent resided in Italy for at least two years prior to the applicant’s birth;
- It also places the burden of proving non-naturalization of the Italian ancestor squarely on the applicant.
Our team is monitoring the situation closely, and Attorney Adriana Coco Ruggeri is already preparing to challenge the decree as it contains multiple provisions that appear unconstitutional and legally unsound.
Let us be absolutely clear: this is not a legislative reform we can accept in silence. There will be structured and sustained legal opposition, and our law firm will be at the forefront of that challenge—because defending constitutional principles and legal continuity is not only our professional responsibility, but the very foundation of a functioning legal system.
Critical Legal Milestones Ahead:
- On April 1st, 2025, Attorney Adriana Coco Ruggeri appeared before the Italian Supreme Court (Cassazione) in a case focused on the long-contested “minor issue”, a legal interpretation that has long denied citizenship recognition to thousands of applicants. We are pleased to inform you that the Procura Generale issued a favorable opinion, which can be found [here – insert link or attachment if applicable]. In this opinion, the Procura adhered to the legal arguments advanced by Atty. Ruggeri invoking a new interpretive approach based on her submissions. While the final decision of the Court is pending, and the timeline for a ruling remains indeterminate, this represents a groundbreaking advancement and reopens hope for many whose claims were previously denied under the minor-age rule. The timing for a final decision by the Court remains undetermined.
- Before May 27, Parliament must vote on whether to convert DL 36 into law. We are currently contacting relevant Members of Parliament, highlighting both the unconstitutional aspects of DL 36 and its serious legal and practical consequences for Italian communities abroad. We are also making it clear that the italian descendent AIRE electorate—nearly 1 million people in North and South America—will express their disapproval at the ballot box. To date, the parties confirmed to be supporting the decree include Fratelli d’Italia (Giorgia Meloni) and Forza Italia (Antonio Tajani). We will continue to update you as the political landscape evolves.
- On June 24, the Italian Constitutional Court will have a (first) hearing on whether claims through ancestors beyond the grandparent level (e.g., great-grandparents) remain constitutionally valid. The timing for a final decision by the Court remains undetermined.
It’s important to note that this Decree does not reflect any hostility from the Italian people toward those seeking to reclaim their heritage. Rather, it seems to arise from financial limitations and political mismanagement, especially the government’s failure to establish efficient, scalable processes for handling citizenship applications.
With nearly thirty years of litigation experience, Attorney Ruggeri is already dissecting the decree and developing a comprehensive legal strategy to defeat it. This is precisely the type of high-level litigation where she excels, and she will lead this response with unwavering determination.
Our Strategy:
- We will coninue as planned with Clients the filings with the Court in Italy;
- We will suggest to Clients with an administrative path to proceed judicially;
- We will suggest Clients with family member connect to grandfather to jump in the process;
- We are prepared to appeal any unjust rulings,
- And, if necessary, to take the matter to the Italian Constitutional Court and even the European Court.
Attorney Adriana Coco Ruggeri
Coco Ruggeri Law Associated