With the entry into force of Law No. 74/2025 on Italian Citizenship (Official Gazette No. 118, 22 May 2025), the Italian legislature converted Decree Law No. 36/2025 into law and introduced significant changes.

It also clarified the status of minor children of Italian citizens by birth.

A transitional provision allows minor children of Italian citizens by birth to obtain Italian citizenship under the previous legal framework, provided the declaration is submitted by 31 May 2026.

Let’s explore what this entails, who may benefit, and why timely action is essential.

Law No. 74/2025: what changes for Citizenship by descent

Effective from 24 May 2025, Law No. 74/2025 significantly amended the process for obtaining Italian citizenship by descent (iure sanguinis), introducing stricter criteria and new documentation and procedural requirements.

For many Italian descendants, especially those residing abroad, additional conditions now apply in order to be recognised as Italian citizens.

In summary, citizenship may be recognised only if one of the following conditions is met:

• One parent or grandparent held exclusively Italian citizenship or was an Italian citizen (exclusively) at the time of death.
• One biological or adoptive parent resided in Italy for at least two consecutive years as an Italian citizen before the applicant’s birth or adoption.

However, a crucial exception exists for those who were minors on the date the law came into force.

Foreign or stateless minors

Children born abroad are considered Italian citizens by birth only if:

• A parent or grandparent was an Italian citizen (and held no other citizenship) or held exclusively Italian citizenship at the time of death.
• A biological or adoptive parent resided in Italy for two consecutive years as an Italian citizen before the child’s birth or adoption.

Children born abroad who are not Italian citizens by birth may still acquire citizenship if their parent is an Italian citizen by birth and one of the following conditions is met:

• The parent registers the child’s birth as an Italian citizen within one year.
• The adoptive parent, who is an Italian citizen, registers the child as an Italian citizen within one year of the legal recognition of the adoption.
• The minor has continuously resided in Italy for at least two years before turning 18.

According to the new law, foreign or stateless minors descended from Italian citizens by birth may acquire citizenship if their parents, acting as legal guardians, request it on their behalf.

A foreign minor who acquires Italian citizenship may renounce it upon reaching adulthood, provided they also hold citizenship of another state.

Transitional provisions for minors: what the Law says

Those who have obtained recognition of Italian Citizenship iure sanguinis and have minor children not yet recognised as Italian citizens may be exempt from the one-year registration limit, provided the registration occurs before 11:59 PM (Rome time) on 31 May 2026.

This window is confirmed by Circular No. 2618 dated 28 May 2025, which includes initial operational guidelines on implementing Law No. 74/2025.

Minor children of any age can therefore acquire citizenship “by acquisition” if registered before this deadline.

“In such cases, the minor will acquire citizenship not by birth or iure sanguinis, but from the day following the fulfilment of the conditions established by law.”

Who Is eligible for the transitional provision?

According to the transitional provisions of Law No. 74/2025, the following are eligible under the former rules:

• Minor children (under 18 years of age as of 24 May 2025) descended from an Italian citizen by birth (i.e., a parent who is Italian from birth, without foreign naturalisation prior to the child’s birth).

Important deadline: The citizenship recognition declaration must be submitted no later than 11:59 PM on 31 May 2026.

“If a minor turns 18 between the entry into force of the law and 31 May 2026, they must submit the declaration themselves within the same deadline.”

Why immediate action is crucial

Eligible individuals have just over a year to seize this opportunity.

After 31 May 2026, even minors will be subject to the new, stricter rules introduced by Law No. 74/2025.

Acting now means:

• Avoiding future complications, such as compliance with more restrictive procedures;
• Taking advantage of a simpler, more direct path to citizenship;
• Planning ahead for travel or document translation/legalisation.

What parents and italian descendants need to do

To register a minor child as an Italian citizen, the following steps are required:

1. Verify Eligibility

• The parent must be an Italian citizen by birth (born to Italian parents).
• The child must have been a minor on 24 May 2025.

2. Collect Required Documents

• The child’s birth certificate,
• The parent’s certificate of Italian citizenship,
• Documents proving the citizenship lineage (civil status records, birth and marriage certificates, etc.),
• Any necessary sworn translations and legalisations.

3. Submit the Declaration

• To the relevant Italian municipality if residing in Italy;
• To the appropriate Italian consulate if residing abroad.

Note: Consular appointment waiting times may be long; it is highly advisable to begin the process as soon as possible.

Declaration costs

Under Article 4, citizenship by acquisition requires a formal “declaration” and payment of a €250 fee to the Ministry of the Interior.

The fee applies per minor.

The transitional provision under Law No. 74/2025 is a unique opportunity to secure Italian citizenship for minor children through a more straightforward, rapid, and reliable process.

If you require legal assistance in preparing and submitting your child’s citizenship application, contact Boccadutri Law Firm.

We operate internationally and can guide you through every step, wherever you are in the world.

FAQ – Italian Citizenship for Minors by 31 May 2026

Who can apply under the transitional provision?

Minor children of Italian citizens by birth, who were under 18 on 24 May 2025.

What is the deadline for submission?

Until 11:59 PM on 31 May 2026.

Is residence in Italy required to apply?

No. The declaration can also be submitted through the appropriate Italian consulate.

What happens if the declaration is not submitted by the deadline?

Applicants must comply with the new, potentially more restrictive rules introduced by Law No. 74/2025.

Can I start the process if some documents are still missing?

Yes, but it is advisable to start the request and complete the documentation as soon as possible to avoid missing the deadline.

What is the cost of the declaration?

The fee is €250 per minor, payable to the Ministry of the Interior.

This article outlines the eligibility criteria, costs, participating countries, and the procedural steps involved.

With judgment no. 33, filed on 21 March 2025, the Constitutional Court has formally authorised single individuals to access international adoption procedures.

Until now, international adoption in Italy was exclusively reserved for married couples.

Single applicants were limited to specific exceptions under Article 44 of Law No. 184/1983.

The Court has ruled that the absolute ban preventing single individuals from pursuing international adoption is unconstitutional.

According to the judges, such a ban contradicts the best interests of the child, a principle enshrined in both the Italian Constitution (Articles 2 and 117) and international agreements, such as the European Convention on Human Rights (Article 8), the UN Convention on the Rights of the Child, and the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

What changes for single applicants?

From now on, international adoptions by single individuals will follow Italian law and the regulations of countries that are signatories to the Hague Convention.

Currently, countries that allow adoption by single applicants include the United States, South Africa, Colombia, Hungary, and, under certain conditions, India and Brazil.

However, for an adoption to be valid, the legislation of the child’s country of origin must be compatible with Italian law. Not all countries will permit single-parent adoptions. Authorised agencies—accredited by the Italian Commission for International Adoptions—play a key role in guiding single applicants to compatible countries.

Requirements, age limits, and costs for single adopters

Judgment no. 33/2025 abolished a longstanding restriction that excluded unmarried individuals from international adoption.

Today, single applicants can pursue adoption, provided they meet the requirements set by Italian law and international conventions.

What are the requirements for single applicants?

The requirements for single adopters are largely the same as those for couples. Applicants must:

• Be at least 18 years older than the child they wish to adopt;
• Demonstrate financial and residential stability;
• Have no serious criminal convictions;
• Show a psychologically stable profile;
• Be able to provide a safe and nurturing family environment.

Additionally, applicants must undergo mandatory training and assessments by social services and the Juvenile Court.

What Is the maximum age to adopt?

Under Italian law, adopters must be at least 18 years older than the child and no more than 45.

However, judges may authorise adoptions beyond this age limit if it is in the child’s best interest.

In practice, adoptions by individuals over 50 are possible, especially in international cases, if the legislation of the child’s country of origin allows more flexible criteria.

How much does it cost?

International adoption costs vary by country and by the authorised agency selected.

Based on current estimates, the total cost ranges from €20,000 to €35,000.

This includes:

• Training and psychological interviews;
• Travel and stays abroad;
• Legal translations and documentation;
• Fees paid to the authorised agency;
• Administrative costs in the child’s country.

These costs apply equally to couples and single applicants, with no direct economic discrimination.

How international adoption works for singles

Following the Constitutional Court’s ruling, single individuals may now begin the international adoption process. However, the path remains complex, involving multiple procedural stages in both Italy and the child’s country of origin.

Ultimately, the judge must ensure that the prospective parent is fit to provide education, care, and emotional support to the child before granting authorisation.

Step-by-step process:

1. Declaration of availability. The single applicant must submit a formal declaration to the local Juvenile Court.
2. Evaluation. Social workers and psychologists conduct interviews to assess parental suitability.
3. Mandatory Training. Conducted by authorised agencies or public authorities.
4. Suitability Report. Prepared by social services and submitted to the Juvenile Court for approval.
5. Choosing an authorised agency. The agency will manage relations with foreign authorities and documentation.
6. Foreign procedure: Varies by country; some require multiple visits, others prolonged stays.
7. Recognition in Italy: Once the adoption is finalised abroad, it must be formally recognised under Italian law.

The entire process can take 18 months to 3 years, depending on the availability of adoptable children, the bureaucracy of the foreign country, and the pace of the Italian judicial system.

Which countries allow single-parent adoption?

Each country independently decides whether to allow single individuals to adopt.

After judgment no. 33/2025, the Italian State is required to permit international adoptions by single applicants, though this remains subject to the legislation of other Hague Convention countries, some of which may still impose restrictions or prohibitions.

Countries currently known to accept single-parent adoption include:

• United States
• Colombia
• South Africa
• India (with limitations)
• Hungary
• Brazil
• Philippines (in certain cases)

The authorised agency will evaluate each applicant’s profile and advise on the most suitable country.

For an up-to-date list of countries that allow single-parent adoption, visit the official website of the CAI (Commission for International Adoptions).

National vs international adoption for singles: key differences

The legal framework for adoption by singles varies greatly depending on whether it is national or international.

While judgment no. 33/2025 has opened new doors internationally, Italian national adoption law remains more restrictive—particularly regarding full adoption.

In Italy, full domestic adoption remains limited to married couples (with at least three years of marriage or a stable civil partnership).

Single individuals can only pursue adoption under exceptional circumstances as outlined in Article 44 of Law No. 184/1983.

These special cases include:

• Adoption of a partner’s or spouse’s biological child;
• Adoption of children with severe disabilities or who are otherwise difficult to place;
• Situations where a pre-existing emotional bond exists between the applicant and the child.

These forms of adoption do not always result in full legal parenthood, such as a surname change or inheritance rights.

Following judgment no. 33/2025, international adoption allows single applicants to pursue full legal adoption, provided:

• The foreign country accepts single-parent adoption;
• The Italian Juvenile Court deems the process to be in the child’s best interests.

International adoption for single parents: a real opportunity from 2025

Despite its higher costs and procedural complexity, international adoption now offers a clearer, more favourable path for single individuals. It enables them to establish a fully recognised legal and emotional parent–child relationship.

Judgment no. 33/2025 did more than amend a legal technicality—it affirmed that a child’s right to a family must not be limited by a prospective parent’s marital status.

International adoption is now a viable, legitimate, and protected option for those who wish to become parents outside of a marital relationship.

If you are single and wish to adopt a child, a structured and legally supported pathway is now available to you.

While the journey is demanding, the necessary legal and institutional tools are finally accessible.

Every situation is unique.

That is why it is essential to work with a legal team that can assess your profile, assist in choosing the most suitable country, and guide you from the initial application through to recognition of the adoption in Italy.

Contact the Family Law Department at Boccadutri International Law Firm for personalised and confidential legal advice.

FAQ

Can a single person adopt a child internationally in Italy?

Yes. Since the Constitutional Court ruling no. 33/2025, single individuals are legally allowed to pursue international adoption under the same conditions as couples.

What are the requirements for a single parent to adopt internationally?

You must be at least 18 years older than the child, demonstrate financial and emotional stability, have no serious criminal convictions, and complete mandatory training.

How much does international adoption cost for a single parent?

Costs range between €20,000 and €35,000 and cover travel, agency fees, training, psychological evaluations, translations, and legal paperwork.

Which countries allow international adoption by single parents?

Among those that allow it: the United States, Colombia, South Africa, Hungary, Brazil, India (with limits), and the Philippines.

Availability varies, so consult an authorised agency.

Is there an age limit for single applicants?

Yes. You must be at least 18 years older than the child and no more than 45, though exceptions exist based on the child’s best interest and the country’s laws.

How long does the process take?

International adoption generally takes between 18 months and 3 years, depending on the country, child availability, and legal processing times.

Is national adoption also allowed for single parents in Italy?

Only under specific exceptions (Article 44, Law 184/1983), such as adopting a stepchild or a child with disabilities.

Full domestic adoption is still restricted to married couples.

If your relative has died in Italy due to an accident, medical error, or sudden event, it is important to know that Italian law protects the rights of the deceased’s family members, offering the possibility to claim and obtain compensation.

This guide explains when and how it is possible to claim compensation for the death of a family member in Italy, even if you reside outside the European Union.

When you can claim compensation for a family member’s death

In Italy, the right to compensation arises when the death is caused by the fault or responsibility of another party: an unlawful act, negligent or intentional behaviour, or even strict liability.

This includes situations such as:

• Medical malpractice and negligence (e.g. surgical errors, misdiagnoses, lack of treatment)
• Road traffic accidents caused by other drivers or dangerous road conditions
• Holiday-related incidents, whether at the accommodation or during excursions or activities
• Fatal workplace accidents during professional duties
• Criminal acts such as assaults or homicides
• Death resulting from omissions or public authority failures (e.g. suicide in custody).

In all these cases, it is possible to file a compensation claim against the individual, company, authority, or insurance provider responsible.

Types of fatal incidents and related legal procedures

The legal process may vary significantly depending on how the death occurred.

Below are the main categories:

1. Medical malpractice or healthcare negligence

Medical malpractice or healthcare negligence include surgical or anaesthetic errors, late or incorrect diagnoses, or failure to provide treatment in hospital or emergency settings.
Process:

• Preliminary investigation with a court-appointed medical expert
• Compensation claim to the hospital or local health authority (ASL)
• If denied, civil or criminal proceedings against the healthcare provider

Liable parties: public/private hospitals, doctors, nurses
Evidence: medical records, test reports, expert opinions

For further information: Supreme Court, patients are not required to prove medical errors

2. Fatal road traffic accidents

Fatal road traffic accidents can involve vehicle occupants (as drivers or passengers) or pedestrians struck by vehicles.
Process:

• Collect Police or Carabinieri reports
• Claim submitted to the insurer
• Possible civil or criminal proceedings

Liable Parties: driver, insurance company, road authority
Evidence: Police reports, photographs, technical expert reports

3. Tourist accidents (Hotel or activity-related)

Incidents can range from falls to fires or drownings during holidays.
Process:

• Gather evidence of negligence or lack of safety/supervision
• Submit a claim to the hotel manager and their insurer
• If refused, initiate civil proceedings for contractual or non-contractual liability

Liable Parties: Hotel manager, tour operators, guides
Evidence: Contracts, photographs, witness statements

For further information: Skiing accident: what to do and how to claim compensation?

4. Fatal workplace injuries

Workplace fatalities are particularly common in the construction and agriculture sectors, often due to falls from scaffolding or machinery accidents.
Process:

• Investigation by INAIL and the Prosecutor’s Office
• Safety violation assessment
• Civil claim and possible criminal proceedings

Liable Parties: employer, contractor, company, corporate insurers
Evidence: INAIL reports, safety regulation violations, colleague testimonies, inspectorate findings.

For further information: Employer liability in the event of a fatal accident on a construction site

5. Homicide or fatal assault

Despite generally safe cities, violent crimes still occur: stabbings, domestic violence, hate crimes, or robberies.
Process:

• Automatic criminal proceedings (public prosecution)
• Victim’s relatives can join the criminal case as civil claimants
• Civil claims can also be filed independently

Liable Parties: offender and any accomplices
Evidence: judicial records, testimonies, court rulings

6. Death due to omission or public authority responsibility

This occurs when a person or authority fails to act to prevent foreseeable harm, breaching legal duties.

One example is suicide in prison due to lack of care.
Process:

• Action for liability against the State or public authority
• Civil or Court of Auditors proceedings

Liable Parties: State, ministries, local health authorities
Evidence: official documents, internal reports, previous complaints

Statute of limitations by type of case

Who can claim compensation

Italian law grants the right to compensation to family members who had a close emotional bond with the deceased, regardless of nationality or residence. Typically, the following are eligible:

• Spouse or cohabiting partner
• Children (including adults)
• Parents
• Siblings
• Other relatives with a proven stable relationship

Even if you are not an EU citizen or do not reside in Italy, you are entitled to seek compensation under Italian law.

Types of compensable damages

Damages are generally divided into two categories: economic (pecuniary) and non-economic (non-pecuniary) losses.

Pecuniary damage

These include:

• Lost income formerly provided by the deceased
• Funeral and repatriation costs
• Travel expenses incurred to handle the matter in Italy

Non-pecuniary damage

These refer to psychological and emotional harm, such as:

• Loss of family relationship (emotional distress due to loss of a loved one)
• Moral damage (grief, anguish, trauma)
• Existential damage (changes in everyday life quality)

Italian courts use national compensation tables (especially those from the Milan Tribunal) to assess non-economic damages fairly and proportionally.

How to file a compensation claim

In summary, the required steps are:

1. Proving the damage

You must prove economic damage (medical/funeral costs, lost income) and non-economic damage (grief, suffering, emotional loss).
Documentation:

• Death certificate
• Police or medical reports
• Evidence of family relationship

Foreign documents must be translated and, if required, legalised.

2. Causal Link

There must be a clear causal connection between the unlawful act and the death.

3. Liability assessment

You must identify who is responsible for the death in order to claim.

4. Filing the claim

It is advisable to submit your claim through a lawyer, who can proceed out of court or via legal proceedings, depending on the case.

5. Damage assessment

The damage may be assessed by the insurer’s expert or the court using official tables, based on emotional closeness, age, and other factors.

Non-EU citizens are also entitled to compensation

Compensation rights apply to non-EU foreign nationals under the Charter of Fundamental Rights of the European Union.

There are no legal barriers preventing the families of non-EU citizens from pursuing claims in Italy.

The Italian Supreme Court has repeatedly upheld compensation for:

• Relatives of tourists who died due to negligence by agencies or hotels
• Foreign workers killed on the job
• Patients who died due to public healthcare errors

These rulings confirm the recognition of foreign families’ suffering and rights by Italian courts.

How we can help: international legal advice

A law firm with international experience can represent you and support you throughout the entire process:

• Translating documents
• Communicating with Italian authorities
• Calculating due compensation
• Managing legal proceedings and negotiations with insurers
• Assistance in English or other languages

You do not need to travel to Italy: your lawyer can act remotely on your behalf, knowing that Italian law protects family members regardless of citizenship or residence.

If your relative died in Italy due to someone else’s fault, you are entitled to full compensation.

Every case requires a tailored legal strategy, and a lawyer can help you determine the right course of action depending on the cause of death.

Would you like to know whether you are entitled to compensation? Contact us for a free and confidential consultation: the Personal Injury Department of Boccadutri International Law Firm can help you achieve justice.

FAQ – Compensation for the Death of a Family Member in Italy

1. Can I claim compensation even if I do not live in Italy?

Yes. Italian law allows foreign family members, even non-EU citizens, to claim compensation if their loved one died in Italy due to third-party responsibility.

2. What documents are needed to start a claim?

You must provide:

• Death certificate
• Proof of family relationship (birth/marriage certificates, etc.)
• Police or medical reports, photographs or witness statements (if available)
• Proof of economic loss (for pecuniary damage claims)

3. How much time do I have to file a claim?

Generally, you have 5 years from the date of death to bring a civil claim.
For criminal cases (e.g. manslaughter), time limits may vary.
For road accident claims against the insurer, the limit is 2 years.

4. Who decides the amount of compensation?

Italian judges use established criteria, mainly the Milan Compensation Tables, which consider the family relationship, emotional suffering, and financial dependency.

5. Do I have to come to Italy to claim compensation?

No. Everything can be managed remotely through an Italian lawyer who will represent and update you at every stage.

6. Are tourist deaths in Italy also covered?

Yes. If a tourist dies in Italy due to negligence, poor service, or third-party fault (e.g. unsafe excursions, lack of medical assistance, road accidents), the family may claim compensation.

7. Are repatriation costs included in the compensation?

Yes. Funeral and body repatriation expenses are covered as long as they are properly documented.

8. Can I obtain compensation without going to court?

Yes. Many claims are settled out of court, often through negotiations between the lawyer and the opposing insurer.

9. What if multiple family members wish to claim?

Each relative may file a separate claim. Courts usually consider the collective emotional bonds and avoid duplicate awards. A lawyer can coordinate claims on behalf of the whole family.

In the event of a fatal road accident in Italy, the very first step is to call the emergency services.

Unfortunately, serious road accidents remain a grim reality that can affect anyone.
If a fatal accident occurs, it is essential to know which actions to take to protect yourself—whether directly involved or as a relative of the victim.

Emergency numbers in Italy

• 112 – EU-wide emergency number
• 113 – Police
• 115 – Fire brigade
• 118 – Medical emergency

The 112 EU number is free of charge, works across all EU countries, and offers multilingual assistance.

Which damages can be compensated after a fatal road accident?

In the event of a fatal road accident, two types of damages can be claimed:

Pecuniary damages (material losses):

• Actual financial losses: such as medical and funeral expenses.
• Loss of income: the economic loss arising from the death of the relative who was the main earner.

Anyone who relied on the deceased for financial support may seek compensation from the person deemed responsible for the accident.

Non-pecuniary damages (emotional and intangible losses):

• Biological damage: physical or psychological harm verified by medical assessment (e.g., depression).
• Loss of family relationship: the emotional suffering and deterioration in the quality of life due to the loss. This may include both:
  • Existential damage: disruption to one’s life and daily routines.
  • Moral damage: psychological and emotional grief.

Who is entitled to compensation after a fatal road accident?

Compensation may be due to anyone with a close familial or emotional bond with the deceased, regardless of cohabitation.

Eligible relatives include:

• Spouse (not legally separated)
• Civil partner
• Children (biological, adopted, or recognised)
• Parents
• Siblings
• Cohabiting partner

In some cases, grandparents and grandchildren may also be eligible, if there is clear proof of a close emotional bond, shared living arrangements, and no other close family members surviving.

How to prove the right to compensation: required documents

Each claimant (spouse, child, parent, sibling, etc.) must submit a formal compensation request, either independently or through legal representation.

Documents to provide:

• Family status certificate
• Birth certificate
• Cohabitation certificate (if applicable)
• Proof of the emotional relationship (e.g., photographs, letters, witness statements)

Is there a limit to the number of people entitled to compensation?

There is no legal limit on the number of people who can be compensated.
What matters is the actual suffering or financial loss caused by the death, and the proximity of the relationship.

Each claim is assessed individually.
The fact that a spouse or child has already received compensation does not preclude parents, siblings, or others from also obtaining it.

Claims must demonstrate:

• The depth of the emotional bond
• The frequency and intensity of the relationship
• The suffering or material damage endured

Note: If the relationship with the deceased was weak or non-existent, compensation may be reduced or denied.

How to file a compensation claim with the Insurance Company

To obtain compensation, relatives of the deceased must submit a formal claim to the insurer of the at-fault vehicle.

Time limit:

• 2 years from the date of the accident
• If the accident is classed as a criminal offence, the longer criminal statute of limitations applies

The claim must include:

• Personal details of the claimant and the deceased
• Date and location of the accident
• Summary of the damage suffered
• Supporting documentation
• Claimed amount (often based on the Milan or Rome compensation tables)

The insurance company must respond within 90 days of receiving the claim.

If the vehicle was uninsured or unidentified

A claim may be submitted to the Road Victims Compensation Fund (Fondo di Garanzia per le Vittime della Strada).

How much compensation can be awarded after a fatal accident?

According to the Italian Supreme Court, compensation for loss of family ties is calculated using a points-based system, considering:

• The victim’s age
• The surviving relative’s age
• The closeness of the relationship and cohabitation

Steps to claim compensation after a fatal road accident

1. Collect documentation: police reports, medical records, expense receipts, etc.
2. Notify the insurance company of the accident.
3. Submit the claim with all supporting documents.

The insurer may settle based on standard tables or through negotiation.
Legal assistance from a solicitor specialised in road accident claims is highly recommended.

When is a Civil Lawsuit Required?

A civil lawsuit may be necessary if:

• The insurance company denies the claim, or
• The compensation offered is inadequate.

Before legal proceedings:

1. Notify the insurer within 3 days of the accident.
2. Gather evidence from police and any witnesses.
3. Obtain a medical-legal expert report.
4. Attempt mandatory assisted mediation.

If mediation fails, court proceedings may follow.
Civil trials for road accidents typically last 2 to 5 years.

Compensation for passengers vs. pedestrians: key differences

A crucial distinction must be made between victims:

• In the vehicle (drivers, passengers), and
• Outside the vehicle (pedestrians, cyclists)

Victims in the vehicle

If the victim was a passenger, liability usually lies with the driver.
The vehicle’s insurer must pay compensation to the victim’s relatives.

If the accident was due to poor road maintenance, the road authority may be liable.

Pedestrian victims

Liability usually lies with the driver of the vehicle that caused the accident.

If the pedestrian was on a zebra crossing, the driver bears increased responsibility and must prove the collision was unavoidable despite due care.

In the absence of such proof, the driver and insurer are liable for compensation.

Conclusion

Dealing with the aftermath of a fatal road accident is deeply traumatic and legally complex.
It is vital to be informed of your rights and the steps required to claim compensation.

If you or a loved one has been involved in such an event, do not hesitate to contact Boccadutri International Law Firm for expert assistance.

FAQ – What to do after a fatal road accident in Italy

What should be done first after a fatal accident?

Immediately call emergency services. Foreigners should dial 112, free and multilingual across the EU.

What types of damages can be compensated?

• Pecuniary: medical and funeral expenses, loss of income
• Non-pecuniary: grief and emotional suffering

What is the deadline for claiming compensation?

Within 2 years of the incident, or longer if it constitutes a criminal offence.

What documents are required?

• Family status certificate
• Birth or cohabitation certificates
• Evidence of emotional bond (photos, letters, witness statements)

When is a civil claim necessary?

If the insurer:

• Denies compensation, or
• Offers an inadequate amount (after attempting mediation)

What if the vehicle was uninsured or untraceable?

You can apply to the Road Victims Compensation Fund.

In decision no. 25, the Court declared Article 9.1 of Law no. 91/1992 unconstitutional, which had required all foreign nationals applying for Italian Citizenship—whether by marriage or naturalization—to prove intermediate-level proficiency in Italian, without allowing any exceptions.

According to the Court, this provision failed to account for individuals who, due to serious and documented disabilities, are unable to learn the language.

As a result, the blanket requirement violated the principle of equality enshrined in Article 3 of the Italian Constitution.

This is not the first time the Constitutional Court has addressed issues of accessibility in the Citizenship process.

In decision no. 258/2017, the Court found the requirement for a formal oath of allegiance to the Republic as a condition for acquiring Citizenship unconstitutional. That ruling emphasized the need to consider applicants who, due to severe disabilities, are incapable of fulfilling such formalities.

The language requirement introduced by Law 91/1992 made no distinction between applicants who could reasonably acquire the required proficiency and those who could not—such as people with cognitive or physical impairments, serious health conditions, or age-related limitations affecting language learning.

As such, it failed to uphold the fundamental principle that the law must treat equals equally, but also unequals unequally when justified by objective conditions.

A Violation of the Principle of Equality

The Constitutional Court reaffirmed that tying citizenship to language proficiency without exemptions amounts to discrimination.

Citizenship should remain accessible to applicants who meet all other legal criteria, even if they are unable—due to disability or comparable limitations—to meet the language requirement.

At present, Italian law still does not exempt applicants from proving knowledge of Italian, even in cases of severe cognitive or physical limitations.

This legal gap has now been addressed by ruling no. 25, which corrects what the Court described as a legislative “oversight.”

The case originated in Emilia-Romagna

The legal challenge was initiated by the Regional Administrative Court (TAR) of Emilia-Romagna, through an order issued on May 30, 2024. The TAR questioned the constitutionality of imposing a language requirement that inherently excludes individuals with serious disabilities or certified cognitive deficits—who are, by definition, unable to obtain the required certification.

In practical terms, the law has prevented people with disabilities or learning difficulties from exercising a fundamental right: acquiring citizenship.

How other countries handle similar cases

From a comparative legal standpoint, the Court highlighted that all other European legal systems requiring language proficiency for Citizenship include explicit exemptions for individuals who cannot learn the language due to vulnerability—whether from illness, disability, or advanced age.

Put simply, across Europe, people who are unable to learn the language for health or personal reasons are always exempt.

Moreover, Italy’s law was also found to be incompatible with the United Nations Convention on the Rights of Persons with Disabilities. The Convention recognizes the right of individuals with physical, mental, intellectual, or sensory impairments to acquire, retain, and change citizenship without facing discrimination or undue barriers.

The Court’s recommendation: a clear and reasonable model

To remedy the situation, the Constitutional Court ruled that Article 9.1 of Law no. 91/1992 is unconstitutional specifically because it fails to include an exemption clause for individuals who are objectively and demonstrably unable to acquire language skills due to a disability.

The Court proposed applying the same exemption criteria already in use for EU long-term residence permits.

According to the Ministry of the Interior’s Decree of June 4, 2010, foreign nationals with severe limitations in their ability to learn Italian—due to age, illness, or disability, as certified by a public health authority—are exempt from taking the language test required for that permit.

The Court’s suggestion is to adopt this model for citizenship as well, providing a practical and legally sound solution.

Requiring everyone to demonstrate language proficiency—without exception—imposes an impossible burden on applicants who are objectively unable to meet it. This violates a fundamental legal principle known as ad impossibilia nemo tenetur—“no one is obliged to do the impossible.”

In legal terms, obligations must be physically or legally achievable.

Accommodations and support for Citizenship language exams

It’s worth noting that official certifying institutions in Italy already offer support to applicants with disabilities who are still capable of acquiring language skills. These institutions can provide accommodations such as specialized equipment, extended time, or reading test materials aloud to facilitate equal access to certification.

If you require information or legal support regarding Italian Citizenship, you are welcome to contact the Immigration Department of the Boccadutri International Law Firm.

Our legal team is available to assist you with your application, evaluate your eligibility, and help you navigate the complexities of the process—particularly in situations involving disabilities, medical conditions, or age-related exemptions.

As of March 5, 2025, a National Compensation Table for non-economic damages (exceeding 10% of permanent disability) resulting from traffic accidents is officially in effect, (read what to do in case of a traffic accident in Italy) or cases of malpractice.

This new table replaces the previously used Milan and Rome tables and establishes uniform criteria for calculating compensation throughout the country.

What Is the National Compensation Table (TUN)?

The TUN—short for Tabella Unica Nazionale—is a legal tool that provides standardized guidelines for evaluating non-economic damages resulting from permanent or significant injuries caused by traffic accidents or medical negligence.

It assigns a fixed monetary value to each percentage point of permanent disability (from 10 to 100 points), with adjustments based on:

• Permanent biological damage (long-term impairment of physical or mental integrity), with compensation values also varying according to the victim’s age.
• Moral damage, referring to the emotional suffering caused by the incident.
• Temporary biological damage, which reflects periods of temporary disability.

Legal Basis: Presidential Decree No. 12/2025

The new table was introduced through the Presidential Decree of January 13, 2025, No. 12, implementing Article 138 of the Private Insurance Code.

The goal is to provide fair compensation for harm that cannot be easily quantified in monetary terms.

It adopts a points-based compensation system, previously recognized by the Supreme Court, with the initial base value for minor injuries set at €947.30.

How Compensation Changes Under the New Table

Compensation under the TUN will now follow standardized principles:

• Increases with the severity of permanent disability (biological multiplier).
• Decreases with the age of the victim (demographic factor), although moral suffering can offset this reduction.

Key Changes Introduced by the TUN

• Nationwide uniformity: Courts must apply the same criteria nationwide—ensuring consistent compensation whether a case is in Milan or Palermo.
• Fixed value per disability point: Each percentage of disability has a fixed value, adjusted based on the victim’s age and severity of the impairment.
• Four-tier moral damage assessment: Emotional suffering is now evaluated on four levels—none, mild, moderate, or severe.

Retroactive Application: Yes or No?

The rule’s retroactivity depends on the case:

• For road accidents, the new table applies only to incidents occurring after March 5, 2025.
• For medical malpractice, it may also be applied retroactively, even to cases that occurred before the decree came into force.

How Compensation Is Calculated

Compensation is determined by:

1. Multiplying the number of disability points by a value that increases with severity.
   1. The current base value for the first point is €939.78.
2. Adding €39.37 per day of full temporary disability.

Both values are updated annually based on inflation and ministerial decrees.

The biological multiplier ensures proportional growth of compensation with the level of impairment. Age further adjusts the final amount—older victims receive slightly lower compensation.

Medical-Legal Criteria

Assessment is based on:

• Type of impairment and its impact on daily activities.
• Detailed evaluation of dental, visual, auditory, psychological, and aesthetic damage, taking into account age, gender, and severity.
• Moral damages are calculated by adding a percentage to the biological damage value, based on the degree of disability.

Biological Damage Explained

Biological damage refers to any impairment of a person’s physical or mental integrity that warrants compensation. It is considered non-economic, as it cannot be measured by direct financial loss but rather by its effect on the person’s life.

It can be:

• Permanent, if the condition is irreversible.
• Temporary, if recovery is possible.
• Accompanied by moral damage—psychological suffering.

In cases of permanent damage, the victim’s age is always factored into the calculation.

Types of Injuries Covered by the Table

The TUN includes:

• Physical impairments affecting different body parts.
• Motor impairments affecting mobility.
• Sensory impairments (vision or hearing).
• Psychological conditions impacting social or work life.
• Aesthetic damage affecting appearance and self-esteem.
• Dental injuries, assessed with specific reference tables.

Criteria for Assessing Moral Damage

Moral damages are calculated by applying a percentage increase to the biological damage amount.

Factors include:

• Degree of disability.
• Multipliers based on age, gender, and nature of the impairment.
• Personal context, such as the victim’s lifestyle and emotional impact.

What Is Not Covered by the TUN?

The TUN only applies to:

• Traffic-related injuries
• Medical malpractice cases

Other serious injuries from different causes (e.g., public hazards) are still evaluated using traditional judicial tables (Rome and Milan).

Not covered by the TUN:

• Catastrophic damage: extreme suffering prior to death.
• Non-economic damage from loss or serious compromise of a close relationship, for which Rome and Milan tables remain the standard.

For legal guidance and support in cases of road accidents or medical malpractice, you can contact the Personal Injury Department of the Boccadutri International Law Firm.

What is Decree-Law 36/2025 on Italian Citizenship?

On March 28, 2025, Decree-Law No. 36/2025 was published in the Official Gazette and came into effect the following day March 29, 2025. This legislative measure significantly revises the system of Italian citizenship by descent (iure sanguinis), which is granted based on lineage from Italian citizens, introducing a retroactive deadline and narrowing eligibility.

The decree has immediately sparked doubts, concerns, and criticism from legal scholars, practitioners, and citizens residing abroad many of whom are currently engaged in the process of obtaining Italian citizenship.

The changes introduced by the decree appear not only drastic but also potentially in conflict with several fundamental constitutional principles.

What Changes Under the New Decree?

Until now, Italian citizenship by descent followed a clear principle: anyone born to or descending from an Italian citizen, even across multiple generations, had the right to citizenship recognition, regardless of birthplace or current residence.

The Italian system did not impose generational limits applicants only needed to demonstrate that their ancestor was an Italian citizen, without requiring any tangible connection to Italy. Citizenship was granted as long as the lineage remained unbroken, meaning there was no naturalization or voluntary renunciation along the way.

Decree-Law 36/2025 radically alters this framework.

Under the newly introduced Article 3-bis of Law 91/1992, individuals born abroad who hold another citizenship are now deemed “never to have acquired Italian citizenship” unless they meet one of the following strictly defined conditions:

• Submission of a complete citizenship recognition application, with all required documentation, to the competent consular office or municipal authority by 11:59 PM (Rome time) on March 27, 2025.
• Filing of a judicial application for citizenship recognition by 11:59 PM (Rome time) on March 27, 2025.
• Having a natural or adoptive parent born in Italy and holding Italian citizenship.
• Having a natural or adoptive parent who was an Italian citizen and resided in Italy for at least two consecutive years before the birth or adoption of the child.
• Having a grandparent (first-degree ancestor of the parents) who was an Italian citizen and born in Italy.

The decree’s wording “is considered never to have acquired Italian citizenship” highlights the retroactive nature of the rule, which not only changes future regulations but also redefines past and existing legal situations.

Another controversial aspect of the decree is its application of a retroactive deadline, set for March 27, 2025 one day before the decree’s publication effectively preventing those who had prepared their applications from submitting them in time.

Changes to the Burden of Proof in Judicial Proceedings

Decree-Law 36/2025 also amends the rules regarding the evidence admissible in judicial proceedings, modifying Article 19-bis of Legislative Decree 150/2011.

Key changes include:

• Testimonies and sworn statements will no longer be admissible in citizenship recognition cases.
• The burden of proof will be exclusively documentary.
• It will be the applicant’s sole responsibility to demonstrate the absence of legal grounds for the denial or loss of citizenship.

These procedural modifications make it significantly more challenging to obtain citizenship recognition in cases where documentation is incomplete or contains gaps a frequent issue when dealing with records dating back several decades.

It is worth noting that prohibiting the use of testimonial evidence and sworn statements violates the right to legal defense as enshrined in the Italian Constitution.

A Temporary Decree… With Immediate Consequences as of March 28, 2025

While Decree-Law 36/2025 took immediate effect on March 29, 2025, it remains a temporary measure.

As required by Article 77 of the Constitution, the decree must be converted into law within 60 days of its publication. If Parliament does not approve the conversion law, the entire decree will expire, losing all effects, including retroactively.

Nevertheless, its consequences are already tangible: individuals who did not submit their citizenship application by March 27, 2025 one day before the decree was publicly known are now excluded.

Applications filed after March 27, 2025, will be considered legally inadmissible, even if the necessary documentation had been prepared beforehand.

This aspect is among the most contentious elements of the reform and raises significant constitutional and international legal concerns.

The Parallel Legislative Proposal: Future Developments

While Decree-Law 36/2025 has already taken effect, additional citizenship reforms will be implemented through a separate legislative proposal. Key provisions under discussion include:

• Minor children of Italian citizens (who are not automatically Italian by law) may acquire citizenship if born in Italy or after two years of residence, upon a simple declaration of intent by the parents.
• Individuals who have lost Italian citizenship may reacquire it, but only after residing in Italy for at least two years.
• Individuals with at least one grandparent who is or was an Italian citizen may obtain citizenship after three years of residence in Italy (instead of the five years required for EU citizens and ten years for non-EU nationals).
• Spouses of Italian citizens may still apply for naturalization, but only if they reside in Italy.
• Citizens born and residing abroad must maintain a tangible connection with Italy by exercising a civic right or duty (such as voting, renewing identification documents, or maintaining tax compliance) at least once every 25 years.

Potential Constitutional Violations: Why the Decree May Not Withstand Judicial Review

Legal experts, including the Boccadutri Law Firm, argue that the decree presents severe constitutional legitimacy concerns. The main issues include:

1. Violation of the Principle of Equality (Article 3 of the Constitution): The decree creates an unreasonable disparity among citizens based solely on accidental factors such as birthplace or an ancestor’s residence.
2. Interference with Family Unity (Articles 29 and 30 of the Constitution): Restricting the transmission of citizenship by descent disrupts the legal bond between generations, impacting identity and family continuity.
3. Violation of Legal Certainty and Legitimate Expectation: Many individuals have spent years collecting documentation for citizenship recognition, relying on laws that had remained unchanged for over three decades. The abrupt retroactive change, without a transition period, penalizes those who have long been engaged in the process.
4. Substantive Retroactivity and Violation of the Right to Legal Defense (Article 24 of the Constitution): The decree’s retroactive nature prevents individuals from submitting applications before they were even aware of the new rule, undermining their right to access justice.

As a direct consequence, Italian consulates abroad have already begun canceling long-awaited appointments.

Legal Remedies: Options for Those Excluded by the Decree

If the decree is converted into law without modifications, judicial recourse will be the only option for many affected individuals. Potential legal strategies include:

• Incidental Appeal to the Constitutional Court: The only way to challenge a law before the Constitutional Court is through an incidental appeal—filing a case before an ordinary judge, who may suspend proceedings and refer the matter for constitutional review.
• Appeal to the European Court of Human Rights: Individuals who cannot obtain relief at the national level may seek redress at the European Court of Human Rights, citing violations of the right to private and family life (Article 8 ECHR) and the principle of non-discrimination (Article 14 ECHR).
• Individual or Collective Legal Actions: Given the decree’s broad impact, affecting potentially hundreds of thousands of people worldwide, both individual and class action lawsuits may be considered.

Protecting the Right to Italian Citizenship

Decree-Law 36/2025 represents one of the most radical reforms in Italian citizenship law. While aimed at tightening regulations, it raises serious legal concerns and could infringe upon the legitimate rights of thousands worldwide.

The Boccadutri Law Firm remains available to provide personalized legal consultations, assess individual cases, and initiate necessary legal actions. Our Immigration Law Department is ready to offer assistance and clarification.

Tracing the maternal line to claim Italian Citizenship jure sanguinis can be complex, but it is always possible even if the woman in question was naturalized in the United States or born as an American citizen.

Currently, due to the “minor issue” outlined in Circular 43347 issued by Italy’s Ministry of the Interior, many individuals are no longer eligible to apply for Italian citizenship jure sanguinis.

The Circular established that minor children living with a father who became a naturalized U.S. citizen automatically lost their Italian citizenship, thereby interrupting the bloodline.

Was the maternal line ever broken?

While men could lose Italian citizenship only by personal choice or through the decision of a male parent, for women who ventured to the New World, there were many more ways to lose their citizenship even as adults and even without intent.

These circumstances create various scenarios. Recognizing and restoring the right to retain citizenship is a posthumous tribute to the memory of our female ancestors a right unacknowledged in pre-unification Italy and still often denied by modern Italian bureaucracy.

There are also American women who married Italian immigrants and were embraced by Italian communities in the U.S., raising children who were, in all respects, Italian.

Destination America: Women and Italian Citizenship

Following the paths of our foremothers brings us to America, where an Italian-born woman (or a woman who became Italian) could have passed on her citizenship to her children but was prevented from doing so due to gender-based discrimination.

For the homeland, maintaining the bloodline between those who left and those who stayed was important—but not if the person leaving was a woman.

Today, in order for emigrated women to be recognized as having passed on Italian citizenship to their descendants a right they never truly lost specific legal procedures are available.

Even in the U.S., women were subjected to laws that stripped them of identity and roots, tying their citizenship to that of their husbands, whether native or naturalized.

Historical and Legal Context in the U.S.

Between 1880 and 1920, millions of Italians emigrated to the U.S., especially from Southern Italy. Many Italian women settled in the U.S., married foreigners, or saw their Italian husbands become American citizens. Similarly, many American women married Italian men and acquired Italian citizenship.

Key U.S. laws on citizenship include:

• 1790 – Naturalization Act: This law regulated U.S. citizenship by naturalization, initially limited to “free white persons of good character,” thereby excluding Native Americans, slaves, servants, and ethnic minorities. While it didn’t explicitly bar women from citizenship, women were subject to “marital coverture,” meaning their legal identities and rights belonged to their husbands. Women, children, and slaves were excluded from public life, deemed to lack discernment and free will.
• 1907 – Expatriation Act: A woman’s nationality depended entirely on her marital status. An American woman who married a foreigner automatically lost her U.S. citizenship and acquired her husband’s nationality, regardless of where the couple lived. Her legal identity became that of her husband. As a result, many American women who married Italian men between 1907 and 1922 became Italian citizens.

If the Italian husband later became a naturalized American citizen, the woman would typically regain U.S. citizenship through him.

• 1922 – Cable Act (Married Women’s Independent Nationality Act): This act ended automatic changes in a woman’s citizenship based on marriage. However, it did not restore citizenship to women who had already lost it prior to 1922. These women were treated as foreigners and had to undergo the full naturalization process to regain U.S. citizenship. If their husbands later became U.S. citizens, the women could no longer regain citizenship automatically and had to file an application on their own.

Citizenship eligibility remained tied to the husband’s status. If the husband was deemed ineligible for U.S. citizenship, so was the woman. Meanwhile, American men who had renounced their citizenship during World War I could regain it simply by swearing allegiance again—a right not granted to women.

• 1952 – Immigration and Nationality Act: This law formally prohibited gender or racial discrimination in naturalization procedures under the U.S. Constitution.

Many women who became Italian citizens through marriage could be considered “Italian ancestors,” allowing their descendants to claim Italian citizenship.

What do U.S. laws mean for claiming Italian citizenship jure sanguinis?

An American woman who became an Italian citizen by marrying an Italian man before 1922, and who never regained her U.S. citizenship via the Cable Act, is considered fully Italian under the law.

This means her children (presumably born before 1948) and their descendants maintained the bloodline and may be eligible for recognition as Italian citizens, though not via automatic transmission.

To claim citizenship, descendants must file a legal petition in an Italian civil court.

It is crucial to verify that the woman did not later reacquire U.S. citizenship, as this would invalidate the claim.

What do Italian laws mean for claiming citizenship jure sanguinis?

Article 10 of Law No. 555 of June 13, 1912, stated that a foreign woman married to an Italian man automatically acquired Italian citizenship by law (ope legis).

With Law No. 123 of April 21, 1983, this automatic acquisition was eliminated; women now must explicitly request citizenship.

A woman who became Italian under Article 10 is not a citizen “by birth” but rather through “automatic naturalization by marriage.”

Nevertheless, this is full Italian citizenship and is not subject to discretionary approval by Italian authorities.

The key issue: Could a mother who became Italian through marriage before 1948 pass on citizenship to her children?

Italian administrative practices typically deny this possibility, interpreting the law restrictively to mean that only male citizens could transmit citizenship jure sanguinis.

However, case law has opened the door for mothers—including those naturalized by marriage—to be considered full citizens with the right to transmit citizenship.

It is important to note:

• Citizenship acquired through marriage is equal to original citizenship.
• It is unreasonable to deny transmission rights to mothers but grant them to fathers.
• Barring transmission by married women contradicts constitutional principles of gender equality (Article 3 of the Italian Constitution) and recent interpretations by the Court of Cassation (ruling No. 4466/2009).
• Once acquired, Italian citizenship by marriage remains valid regardless of subsequent divorce or if the husband loses citizenship through naturalization in another country.

Descendants of women who became Italian citizens by marriage before 1948 may seek citizenship recognition through a civil court ruling.

To support the claim, clear documentation is required regarding the mother’s citizenship status, direct lineage, and continuity of citizenship.

How an Italian Woman Can Transmit Citizenship

According to Article 1(a) of Law No. 91 of 1992: “A child is an Italian citizen by birth if either the father or the mother is an Italian citizen.”

An Italian woman who emigrated to America, or who became Italian through marriage or naturalization, may have passed on citizenship to her descendants by meeting certain conditions:

1. Citizenship: She must have been an Italian citizen at the time of her children’s birth.

If she acquired Italian citizenship by birth, marriage or naturalization, she may have transmitted it.

2. Birth of Children: Children must have been born to an Italian mother, regardless of her birthplace.

Before or After 1948: The legal landscape differs depending on whether the children were born before or after 1948.

3. Naturalized Women: If she never reacquired U.S. citizenship, her Italian citizenship is considered valid and can support a jure sanguinis claim.
4. Future Generations: Descendants may apply for Italian citizenship, provided they can verify an unbroken bloodline and meet the requirements.

FAQ – Frequently Asked Questions

Can I obtain Italian citizenship from a mother who became Italian through marriage?

Yes. Although administrative practices deny this, civil courts have recognized that a mother who became Italian by marriage can transmit citizenship jure sanguinis to her children, provided a judicial petition is filed.

What is the difference between a mother who was Italian by birth and one who became Italian through marriage?

The former passes on citizenship jure sanguinis by origin. The latter does so via automatic legal provision (Article 10, Law 555/1912). In the latter case, judicial recognition is usually required.

How do I file a petition to claim citizenship jure sanguinis through a mother who became Italian by marriage?

You must file a petition with an Italian civil court, including evidence of the mother’s citizenship and direct descent. The process follows civil litigation procedures.

What documents are needed to prove the mother’s citizenship?

Marriage certificates, naturalization records, registry documentation, and any documents proving the mother acquired Italian citizenship before her children’s birth.

Mother by Birth vs. Mother by Marriage

For a detailed assessment of your case and legal assistance in filing a claim, contact the Immigration Department of Boccadutri International Law Firm. They will verify your eligibility and guide you through the process.

It has become a top priority for businesses, financial institutions and governments, ensuring the security and resilience of IT infrastructures.

The European DORA regulation extends the scope of MiCA and also applies to cryptocurrency businesses and Virtual Asset Service Providers (VASPs), including cryptocurrency exchanges. These entities are required to enhance their cybersecurity measures and risk management frameworks.

The objective is to bolster resilience against potential disruptions (such as cyberattacks or system failures) by investing in preventive solutions that safeguard investors and uphold market integrity.

What is DORA?

DORA, the Digital Operational Resilience Act, is a European regulation designed to establish a unified regulatory framework to ensure that financial sector firms can withstand and respond swiftly to incidents or cyberattacks.

The primary aim of European lawmakers is to protect the European financial system from increasingly sophisticated and pervasive threats, including hacking attempts, IT service disruptions, and other digital vulnerabilities.

When Did It Come into Force?

Approved in December 2022, DORA came into effect on January 16, 2023, requiring financial organizations to adopt specific measures to ensure operational continuity even in the face of technological incidents.

From January 17, 2025, all provisions and required adaptations must be fully implemented.

What is Business Resilience?

Experience and historical events show that the most robust companies are those capable of adapting and thriving despite uncertainty and rapid societal changes.

Business resilience refers to an organization’s ability to tackle and overcome IT-related disruptions with minimal consequences or to recover effectively from them.

In physics, resilience is the ability of a material to absorb impact without breaking. Similarly, for a company, overcoming predictable or unforeseen challenges strengthens user trust.

The essence of DORA is to ensure that all players in the European financial market can respond to and survive potential crises, whether anticipated or unexpected.

Economic downturns, natural disasters, technological changes, political instability, network failures, cyberattacks—any of these can be mitigated with proper preparation.

A resilient organization can anticipate, prepare for, respond to, and adapt to these challenges, minimizing disruptions and maximizing learning and improvement opportunities.

Who is Affected by DORA?

DORA applies to a wide range of financial institutions within the European Union.

It covers traditional financial entities such as banks, insurance companies, and investment firms, as well as emerging (non-traditional) players, including cryptocurrency service providers and crowdfunding platforms.

This broad coverage reflects the complexity of today’s financial landscape and the necessity of protecting every link in the operational chain.

The Five Pillars of DORA

DORA is built upon five key pillars that define its requirements and primary areas of intervention:

1.   ICT and Cyber Risk Management:

• Companies must implement effective systems to identify, assess, and mitigate risks associated with Information and Communication Technology (ICT).
  • This includes adopting policies and procedures to prevent cyber incidents and ensure data security.
  • Each financial entity must establish its ICT risk tolerance level in line with its overall risk appetite.

2.   ICT and Cyber Incident Management:

• Companies must streamline ICT incident reporting by registering and classifying incidents according to severity.
  • Major incidents must be reported to competent authorities using standardized models and procedures.

3.   Digital Operational Resilience Testing:

• Companies must conduct basic digital operational resilience tests at least annually across all financial entities.
  • Significant financial institutions are also advised to perform cyberattack simulations or crisis scenario drills at least once every three years.

4.   Third-Party ICT Risk Management:

• If IT services are outsourced, firms must monitor contractual agreements at all stages and allow European supervisory authorities (ESAs) to oversee critical third-party ICT service providers.
  • All technology partners must comply with security standards, with primary oversight resting with the contracting financial entity.

5.   Information Sharing:

• The regulation promotes information sharing among financial firms and competent authorities to enhance collective responses to cyber incidents.
  • Voluntary participation in the exchange of cybersecurity threat intelligence—such as indicators of compromise, tactics, techniques, and procedures—is encouraged among financial institutions and critical ICT service providers.

Who Oversees DORA Compliance?

The enforcement of DORA is entrusted to regulatory authorities designated in each EU Member State.

Their role may range from requiring specific security measures and vulnerability corrections to imposing administrative penalties on non-compliant entities. In extreme cases, criminal sanctions may also apply.

The nature and severity of sanctions are at the discretion of each Member State.

Financial institutions may face fines of up to €10 million or 5% of their total annual revenue in cases of serious breaches of the regulation.

Critical ICT service providers identified by the European Commission will be directly supervised by “primary monitoring bodies” within the ESAs.

The three European Supervisory Authorities (EBA, EIOPA, and ESMA—collectively referred to as the ESAs) are responsible for overseeing DORA’s implementation alongside national regulatory authorities.

They have the power to demand security measures, enforce corrections, and penalize ICT providers that fail to comply.

Impact of DORA on Businesses

DORA introduces significant challenges for many firms, particularly those lacking robust cybersecurity risk management systems.

At the same time, it presents an opportunity to enhance digital security and build trust among clients and investors.

Key impacts include:

• Initial Costs: Implementing DORA’s requirements may necessitate significant investments in technology, staff training, and expert consultancy.
• Greater Transparency: Companies will be required to document their processes in detail and submit regular reports to regulatory authorities.
• Competitive Advantage: Firms that comply with DORA ahead of competitors may gain a competitive edge by demonstrating a concrete commitment to security and resilience.

How to prepare for DORA

To ensure compliance following DORA’s implementation, businesses can take a structured approach by following these steps:

1. Initial Assessment: Conduct a thorough analysis to identify gaps relative to DORA’s requirements.
2. Action Plan: Once gaps are identified, develop a plan to address them, setting priorities and timelines.
3. Engaging Suppliers: Collaborate with third-party vendors to ensure compliance with the regulation’s standards.
4. Staff Training: Ensure employees are adequately trained to handle digital operational resilience challenges.
5. Continuous Monitoring: Implement monitoring systems to regularly assess progress and identify emerging threats.

The Digital Operational Resilience Act marks a crucial step in addressing cybersecurity challenges in the financial sector.

While compliance may demand time and resources, the long-term benefits—such as data protection, operational continuity, and stakeholder trust—far outweigh the initial effort.

For businesses, DORA is not just a regulatory obligation but it is also an opportunity to strengthen their positions in the global digital market.

For further information and assistance, do not hesitate to contact the lawyers at the Cryptocurrency Litigation Department of Boccadutri International Law Firm.

Taking effect on December 30, 2024, MiCAR seeks to harmonize regulations across the European Union, mitigating investor risks while fostering innovation. However, this new regulatory framework presents significant challenges for many companies, who must swiftly adapt to maintain their competitive edge.

MiCAR: ushering in a new era for Crypto Assets

MiCAR establishes comprehensive regulatory frameworks for three main categories of crypto assets:

• Asset-Referenced Tokens (ART)
• Electronic Money Tokens (EMT)
• Other Crypto Assets

In Italy the MiCAR regulatory oversight is divided between CONSOB and the Bank of Italy. CONSOB oversees crypto assets other than ART and EMT, while the Bank of Italy is responsible for EMT issuance and, in collaboration with CONSOB, supervises ART.

For market participants, regulatory compliance is crucial for maintaining business operations. Any compliance failures could result in authorization delays or, in severe cases, outright rejection.

The critical importance of the White Paper

A cornerstone of MiCAR is the white paper requirement, which mandates comprehensive documentation for each crypto asset. Articles 6, 19, and 51 of the Regulation outline specific requirements for each token category.

The white paper must address several essential components:

• Detailed issuer and crypto asset information
• Project risk assessment
• Investor safeguard mechanisms.

VASP transition to the new regulatory framework

Existing Virtual Asset Service Providers (VASPs) have until June 30, 2025, to apply for authorization as Crypto-Asset Service Providers (CASPs). During this transition period, VASPs may continue operating under current regulations; however, failure to submit an application will require immediate cessation of all activities.

Key Requirements for VASPs:

• Develop a MiCAR-compliant operational framework
• Inform clients about crypto asset management procedures
• Implement a seamless transition while maintaining service continuity

Regulatory oversight powers

The Regulation empowers CONSOB and the Bank of Italy with comprehensive supervisory authority, including the power to:

• Require white paper modifications
• Mandate additional disclosures to maintain financial stability
• Impose sanctions for non-compliance

Opportunities and challenges for businesses

MiCAR presents not only challenges but also opportunities for strengthening market position. Compliance with the new regulations offers significant advantages:

• Enhanced investor confidience
• Access to regulated and secure markets
• Ability to attract international capital

MiCAR will reshape the crypto asset landscape, and time for adaptation is limited.

Do not let regulatory complexities impede your business operations.

Contact Boccadutri Law Firm for tailored guidance on navigating the new regulatory environment safely and effectively.

We provide comprehensive support to ensure a smooth transition to the new framework: our oversight helps ensure white paper compliance, preventing potential regulatory challenges.

We work alongside businesses to transform regulatory complexities into growth opportunities.

Subsections 636-641 of Article 1 of the law redefine the fees for applications for Italian citizenship by descent Jure sanguinis, introducing additional fees and updating the provisions for the collection of charges related to civil status certificates and extracts.

These changes lead to significant increases in costs and introduce new fees even in cases that were previously exempt. In addition, Italian municipalities will now have the authority to establish their own local fees and taxes for issuing certificates.

Higher Fees for Citizenship Recognition

The new legislation aims to regulate the growing number of applications for citizenship by descent iure sanguinis by introducing a financial contribution requirement for applicants.

These new fees impact multiple aspects of both the administrative and judicial procedures.

What Are the Changes for Citizenship by Descent Jure Sanguinis?

A detailed analysis of the changes introduced by the 2025 Budget Law reveals not only an increase in pre-existing costs but also the introduction of new fees that were previously not required, except in rare cases.

1) New Fees Imposed by Municipalities

Italian municipalities now have the authority to impose additional fees for processing citizenship applications.

Specifically:

• €600 for the recognition of Citizenship by descent jure sanguinis (for each applicant over 18).
• €300 for the issuance of civil status certificates or extracts more than 100 years old.

Municipalities will have the discretion to set the exact amounts within these limits. Applications will not be processed unless the required payment is made correctly and within the specified timeframe.

2) Increase in Consular Fees

For applicants seeking Italian citizenship by descent jure sanguinis through Italian Consulates abroad:

The application fee increases from €300 to €600 for each applicant over 18.

The increased fee also applies to applications scheduled before 2025.

3) Increased Costs for Judicial Applications

• For judicial proceedings, a standardized application fee of €600 is now required for each applicant over 18.
  Prior to the reform, the fee was €545 per family unit, regardless of the number of applicants.
• This fee is in addition to the €250 administrative fee and the mandatory €16 revenue stamp required to submit the application.

Unchanged Aspects

Despite the increased costs, the requirements for obtaining citizenship by descent jure sanguinis remain unchanged:

• There are no generational limits for citizenship recognition.
• Knowledge of the Italian language is not a requirement.
• The transcription of documents and registration with AIRE remain free of charge.
• The fee for passport issuance remains unchanged.

Who Is Required to Pay the New Fees?

The new fees apply to:

• Residents of Italy applying for citizenship by descent jure sanguinis through Italian municipalities.
• Residents abroad submitting their applications through Italian Consulates.

Exemptions Apply to:

The following categories are exempt from the new fees:

• Minors.
• Applicants seeking citizenship through marriage or adoption.
• Refugees and individuals granted humanitarian protection, in compliance with international regulations.

Summary of Legislative Amendments (Sections 636-641)

Subsection 636:

Municipalities are granted the authority to impose an administrative fee of up to €600 for the recognition of Italian citizenship by descent jure sanguinis.

Subsection 637:

Municipalities may charge a fee of up to €300 for the issuance of civil status certificates that are more than 100 years old.

For requests that include the exact year of issuance and the name of the individual to whom the document refers, the fee may be reduced.
Requests submitted by public authorities are exempt from this fee

Subsection 638:

Applications will be considered inadmissible if the required fee is not paid correctly and within the prescribed deadline.

Subsection 639:

The consular fee is increased for citizenship applications from €300 to €600 for applicants aged 18 and over.

Subsections 640-641:

The revenue allocation is redefined from the new fees, directing funds toward strengthening consular services and reducing processing times for citizenship recognition.

FAQ

• When will the new fees take effect?
  The new fees will take effect on January 1, 2025.
• If I have already scheduled an appointment for 2025, will I need to pay the new fee?
  Yes, appointments scheduled before 2025 will also be subject to the fee increase.
• Can municipalities set different fees?
  Yes, each municipality has the autonomy to determine fees within the limits established by law.
• Do the new fees only apply to jure sanguinis applications?
  Yes, these changes apply exclusively to jure sanguinis citizenship by descent applications.

For personalized advice or to verify whether, after Circular 43347, you are still eligible to apply for jure sanguinis citizenship by descent, please contact our International Law Firm’s Immigration Department.

We offer assistance in assessing your eligibility and managing both administrative and judicial procedures, particularly if your application follows the pre-1948 maternal lineage or if your local Consulate is not accepting applications.

Workers engaged in construction sites are constantly at risk of serious accidents, especially if there is a preference for optimizing time and costs at the expense of their safety.

The employer’s liability in the event of a fatal accident on a construction site is a matter of great legal relevance, especially in light of recent rulings by the Court of Cassation.

These rulings have reiterated and more clearly defined the employer’s obligations and responsibilities, emphasizing the importance of ensuring safe working conditions and preventing fatal accidents in the workplace.

Case Law on Employer Responsibility

Under Italian law, an employer has a duty of care toward their employees.

This means that the employer is personally responsible for ensuring the health and safety of workers, both in terms of preventing accidents and managing emergency situations.

Article 2087 of the Civil Code establishes that the employer is obliged to ensure that the work environment complies with safety regulations and that all necessary safety measures are adopted.

“The entrepreneur is required to adopt, in the exercise of the business, the measures that, according to the particular nature of the work, experience, and technology, are necessary to protect the physical integrity and moral personality of workers.”

Legislative Decree 81/2008, also known as the Consolidated Safety Law, clearly states that the employer must take all necessary steps to prevent accidents, ensuring proper risk assessment and employee training.

The reality is that safety obligations are not always met, leading to serious accidents that, in the worst cases, result in worker fatalities.

Recent Rulings

Recent rulings from the Court of Cassation have delved into the issue of employer liability, particularly concerning fatal accidents on construction sites.

Significant, are the implications of Judgment No. 41172 of November 8, 2024, which established that the employer’s responsibility remains, even in the presence of other figures tasked with overseeing safety, such as the safety coordinator.

In this case, the Court emphasized that the employer is responsible for workplace safety, regardless of other parties that might be involved in managing safety.

According to the Court of Cassation, “the client’s duties regarding worker safety do not nullify the employer’s duty of care.”

The case involved renovation work that required the demolition of a previous building.

The Construction Company had subcontracted excavation and drilling work to another company.

The work carried out by the third-party company had led to the demolition of two walls of the pre-existing building, while the wall bordering a warehouse remained standing, which then collapsed, causing one death and one injury.

The last remaining wall had been reinforced only with an electro-welded mesh but was completely lacking foundations. Additionally, the ground was not compact and was still wet due to rain infiltration from previous days.

Further excavation work along its base had caused its collapse, which struck the construction company owner, who was injured, and one of his employees, who died.

The Court found the owner fully responsible for what had occurred.

Another significant case is Judgment No. 24417 of 2021, which reaffirmed that the employer is liable for a fatal accident if it is proven that adequate safety measures were not in place, such as the use of personal protective equipment or the implementation of preventive measures for risk management.

The Court of Cassation’s decision concerned a fatal accident during safety work on a rock face and confirmed the conviction of the employer for manslaughter.

The victim was performing safety work on a rock face through the fixing of nets.

While descending using a double rope system, he found himself with insufficient rope length and without a blocking device (end-of-rope knot or similar).

This caused his catastrophic fall and death.

For the judges called to decide, both the lack of a stopping knot and the use of a rope that was too short, as well as the lack of professional training for the worker, were the employer’s responsibilities.

The employer’s safety obligations

The employer’s safety obligations are specified by current regulations and case law.

These obligations include:

1. Risk Assessment: Risk assessment is one of the first and most important activities that an employer must undertake to ensure a safe working environment. It must be accurate and based on a realistic analysis of the risks present on the construction site. This includes the risk of fatal accidents caused by collapses, injuries from heavy machinery, or exposure to hazardous substances.
2. Employee Training and Information: The employer must ensure that their employees are adequately trained and informed about the specific risks of their work and the safety measures they need to adopt. Training should be continuous and focused on raising awareness among workers about the dangers they face and emergency procedures.
3. Implementation of Safety Measures: Adopting appropriate safety measures is crucial to preventing accidents and ensuring worker safety. These measures can include the use of personal protective equipment (PPE), securing machinery and equipment, and creating evacuation routes in case of emergency.
4. Health Surveillance: Health surveillance is another obligation for the employer, who must periodically monitor the health of their employees. This is particularly important in hazardous work environments, such as construction sites, where health risks are greater.

Legal Consequences for the Employer

The legal consequences for an employer in the event of a fatal accident on a construction site can be severe.

The Court of Cassation has made it clear that if a worker dies due to the employer’s negligence, the employer may be held liable both criminally and civilly.

In criminal law, the employer can be charged with manslaughter if the worker’s death was caused by a breach of workplace safety regulations.

Penalties can vary depending on the circumstances but may include imprisonment and significant fines.

In civil law, the employer can be required to compensate for economic damages and non-economic damages to the deceased worker’s family.

This compensation may include damages for the loss of the worker’s income, moral damages to family members, and funeral expenses.

The employer’s liability in the event of a fatal accident on a construction site is a complex issue but one that is crucial for ensuring workplace safety and protecting workers’ rights.

Recent rulings by the Court of Cassation have strongly reiterated the importance of complying with safety obligations under the law and ensuring that every worker can work in a safe environment.

FAQ – Frequently Asked Questions

Who is entitled to compensation in the event of a work-related fatality?

If a worker dies as a result of a workplace accident, compensation is granted to the surviving family members, including the spouse, children, parents, and, in some cases, siblings.

Who holds primary responsibility for a workplace accident?

The employer bears primary responsibility, as they are legally required to ensure the safety and well-being of their employees.

What are the employer’s obligations in the event of a workplace injury?

The employer is responsible for maintaining a safe work environment and must implement all necessary precautions to prevent accidents. This includes providing protective equipment, ensuring proper training, and complying with workplace safety regulations.

Under what circumstances is an employer exempt from liability?

An employer may be exempt from liability only if it can be proven that the accident was caused solely by the worker’s unforeseeable and abnormal conduct (elective risk) or by an exceptional and unpredictable event that could not have been prevented, even with adequate safety measures in place.

What happens when a worker dies due to a workplace accident?

In the event of a work-related fatality, the relevant authorities (such as the Local Health Authority, the Labor Inspectorate, and the Public Prosecutor’s Office) will conduct an investigation to determine any potential liability. The victim’s family is entitled to compensation.

When is an employer held liable for a workplace injury?

An employer is deemed liable if they fail to implement the required safety measures, do not provide adequate training to employees, or allow work to be carried out in hazardous conditions.

For a worker who has suffered a workplace accident, and/or for their family, it is essential to consult with a lawyer who specializes in labor law and workplace safety.

A legal professional can assist you in understanding your rights and managing the legal consequences of a workplace accident.

If you would like more information about employer liability in the event of a fatal accident on a construction site or need legal assistance, contact us.

Our team of legal professionals are ready to support you and provide the guidance you need to protect your rights.