Italian Citizenship by Descent: Referral to the EU Court of Justice and Key Developments in 2026

The most significant development is Constitutional Court Order No. 147/2026, filed on 23 July 2026, by which the Italian Constitutional Court referred a preliminary question to the Court of Justice of the European Union concerning the compatibility of the new rules with EU law. The case was registered in Luxembourg under Case No. C-816/26.

This development is particularly relevant to individuals seeking recognition of Italian citizenship on the basis of their family ancestry. To understand its significance, however, it is essential to distinguish between the provisions currently in force and the legal questions that remain unresolved.

The 2025 Reform: What Has Changed?

Decree-Law No. 36 of 28 March 2025, as amended and converted into Law No. 74 of 23 May 2025, introduced new restrictions on the recognition of Italian citizenship by descent, amending Law No. 91/1992.

In particular, Article 3-bis of Law No. 91/1992 introduced rules under which, in certain circumstances, Italian citizenship cannot be recognised for individuals born abroad, holding another citizenship and descended from Italian citizens. The provision includes specific conditions and exceptions that must be carefully assessed in light of each individual’s circumstances.

The reform has changed the previous legal framework, making a preliminary assessment of family history, relevant dates and statutory requirements essential. The applicability of the new rules cannot therefore be determined solely on the basis that an individual has an Italian ancestor.

Why Did the Constitutional Court Become Involved?

The issue arose in proceedings in which certain courts raised questions concerning the constitutional validity of specific aspects of the reform, particularly its application to individuals born abroad before the new rules entered into force.

The Constitutional Court had already examined issues relating to the reform in Judgment No. 63/2026. Subsequently, through Order No. 147/2026, it considered it necessary to refer a separate question of interpretation to the Court of Justice of the European Union concerning the relationship between Italian law and the principles of EU law.

The referral does not amount to a declaration that the law is unconstitutional or invalid. Rather, the Constitutional Court has asked the Court of Justice to clarify how the relevant EU provisions should be interpreted and whether they are compatible with national legislation of the kind at issue.

The Relationship Between Italian Citizenship and EU Citizenship

At the heart of the issue lies the relationship between national citizenship and citizenship of the European Union.

Article 9 of the Treaty on European Union and Article 20 of the Treaty on the Functioning of the European Union establish the relevant framework: anyone who holds the nationality of an EU Member State is also a citizen of the European Union.

As a general rule, determining the conditions for acquiring nationality remains within the competence of individual Member States. However, where national legislation affects a status that also determines the acquisition of EU citizenship, it may be necessary to assess whether that legislation complies with the principles of EU law.

This balance is central to the preliminary reference. The Court of Justice will need to clarify whether Articles 9 TEU and 20 TFEU preclude the restriction introduced by Italian law for certain individuals born abroad before the 2025 reform who hold another citizenship.

Case C-816/26: What Is the Current Status of the Proceedings?

Case C-816/26, known as Picuso, has been registered with the Court of Justice of the European Union as a preliminary ruling procedure concerning EU citizenship.

During the written stage, eligible parties, Member States and EU institutions may submit observations on the interpretation of EU law. Further procedural stages may follow, including a hearing if appropriate, before the Court delivers its judgment.

It is not possible to predict with certainty when the judgment will be issued. The timeframe will depend on the progress of the proceedings and the Court’s assessment of the case.

For this reason, information about the case should be updated in accordance with official announcements, without presenting as settled any outcome that the Court of Justice has not yet determined.

What Impact Could the European Court’s Decision Have?

The forthcoming ruling may provide important guidance on the interpretation of EU law and its relationship with the Italian rules governing citizenship by descent.

The practical consequences will depend on the content of the judgment and any subsequent developments at national level. It would be premature to claim that the reform will necessarily be overturned, that all applications will automatically become admissible again, or that every descendant of an Italian citizen will be entitled to recognition.

It will also be necessary to distinguish the implications of the Court’s ruling for the legal questions referred to it from the way in which Italian administrative and judicial authorities will be required to apply that ruling.

What Does This Mean for Those Seeking Italian Citizenship Today?

For individuals seeking recognition of Italian citizenship by descent, these legal developments make a careful assessment of their individual circumstances even more important.

It is advisable to verify the line of descent, civil status records, any events that may have affected the transmission of citizenship, and the requirements under the legislation currently in force. Any transitional provisions and exceptions applicable to the individual case should also be examined.

The referral to the Court of Justice does not, by itself, automatically suspend the legislation for everyone concerned, nor does it guarantee that an administrative or judicial application will be successful. Each case must therefore be assessed under the rules currently applicable, while taking account of possible developments in the European proceedings.

SmartLivingItaly: Information and Support on Italian Citizenship

The legal framework governing Italian citizenship by descent continues to evolve and requires close attention to both legislative provisions and decisions issued by Italian and European courts.

SmartLivingItaly provides personalised support to help individuals navigate the Italian citizenship recognition process, organise genealogical research and civil status documentation, and identify aspects of their application that may require specialist assessment.

Keeping up to date with legal developments is important, but it is equally essential to understand how the applicable rules relate to each individual’s family history.

Would you like to assess your situation? Contact SmartLivingItaly for initial guidance on the steps to review and the documentation you may need.