Italian Constitutional Court Update Following June 9 Hearing
On July 23, 2026, the Italian Constitutional Court issued Order No. 147/2026, a significant procedural development in the ongoing legal challenges to Italy's 2025 citizenship reform. Rather than issuing a final judgment on the merits, the Court suspended the constitutional proceedings and referred a key question to the Court of Justice of the European Union (CJEU) in Luxembourg under Article 267 TFEU.
The referral concerns Article 3-bis of Law 91/1992, introduced by Law 74/2025, which imposed new restrictions on Italian citizenship by descent (jure sanguinis). The Constitutional Court has asked the CJEU whether those restrictions are compatible with European Union citizenship rights protected by Articles 9 TEU and 20 TFEU.
At the heart of the case is a fundamental question: Can an EU member state prevent recognition of citizenship by descent for individuals born abroad when that determination also affects eligibility for European Union citizenship rights?
A Notable Change in Direction
This referral is particularly noteworthy because only a few months ago, in Judgment No. 63/2026, the Constitutional Court upheld the 2025 reform and declined to pursue a European law review. In that decision, the Court concluded that the law did not revoke existing citizenship but instead established conditions that prevented citizenship from arising in the first place.
Order No. 147/2026 does not overturn that earlier ruling. However, the Court has now recognized that the European law implications are substantial enough to warrant guidance from the European Union's highest court.
What Questions Will the European Court Decide?
The CJEU has been asked to determine whether EU citizenship law allows a member state to apply rules that effectively prevent foreign-born descendants of Italian citizens from acquiring Italian citizenship, and therefore European Union citizenship, despite having a qualifying Italian lineage under prior legal frameworks.
In practical terms, the European Court will not decide who qualifies for Italian citizenship. Rather, it will determine whether Italy's new citizenship restrictions are compatible with the rights and principles established under EU law.
How the CJEU Process Works
Many applicants are unfamiliar with the role of the Court of Justice of the European Union. The CJEU is not an appeals court for citizenship applications. Instead, it ensures that European law is interpreted consistently across all EU member states. When a national court encounters an unresolved question of EU law, it may refer that question to Luxembourg for a binding interpretation.
Once a referral is accepted, the case is registered and written observations are invited from the parties involved, the European Commission, and the governments of EU member states. The Court may then hold an oral hearing before issuing a judgment. In many cases, an Advocate General first publishes a non-binding legal opinion that often provides insight into the likely outcome.
The European Court does not directly resolve the underlying Italian case. Instead, it answers the legal question presented. The matter then returns to the Italian Constitutional Court, which must apply the CJEU's interpretation when reaching its final decision.
Historical Impact of CJEU Referrals
Historically, CJEU preliminary rulings have had far-reaching effects on national laws throughout Europe. Some of the most significant principles of European law, including the supremacy of EU law over conflicting national provisions and the direct enforcement of certain EU rights, emerged through this referral procedure.
In citizenship matters specifically, the CJEU has repeatedly emphasized that while nationality remains primarily within the competence of individual member states, those decisions must still respect European Union law when they affect EU citizenship rights. This principle has been reflected in landmark cases involving nationality and citizenship status over the past several decades.
For that reason, the referral has attracted significant attention. If the CJEU concludes that Article 3-bis is incompatible with EU law, Italian courts and administrative authorities could ultimately be required to set aside the offending provisions under the principle of EU law primacy.
What Happens to Pending Cases?
The referral does not automatically invalidate Law 74/2025. The legislation remains in force while the European proceedings are underway.
However, because the Constitutional Court itself has asked for European guidance, many attorneys expect that judges handling pending citizenship cases will be more receptive to requests for stays of proceedings until the CJEU issues its ruling. This could allow applicants to preserve their place in the court system while avoiding potentially unfavorable decisions based solely on the current law.
Expected Timeline
Applicants should be prepared for a lengthy process. Preliminary ruling proceedings before the CJEU typically take between 12 and 18 months, although particularly complex cases can sometimes take longer. The process includes written submissions from member states and EU institutions, possible oral hearings, and a final judgment from the Court.
As a result, a definitive answer from Luxembourg is unlikely before 2027 and could extend into early 2028. Until then, uncertainty surrounding portions of Law 74/2025 will likely continue.
Key Takeaway
Order No. 147/2026 does not resolve the legality of Italy's citizenship reform, but it represents one of the most important developments since the passage of Law 74/2025. For the first time, the compatibility of the new citizenship restrictions with European Union citizenship rights will be examined by the European Court of Justice.
While the outcome remains uncertain, the Constitutional Court's decision to seek guidance from Luxembourg signals that the debate over citizenship by descent is far from over. The next chapter will unfold not in Rome, but before Europe's highest court.
Stay Prepared While the Courts Decide
Although the ultimate outcome remains uncertain, this latest development confirms that the debate over Italian citizenship by descent is still very much alive. While the European Court of Justice considers the referral, applicants have a valuable opportunity to prepare their documentation, evaluate their eligibility, and ensure they are ready to move forward when greater legal clarity emerges.
If you believe you may qualify for Italian citizenship through your ancestry, now is an excellent time to begin gathering records and assessing your case. Our team can help determine your eligibility, identify any potential legal issues, and create a strategy tailored to your family's circumstances.
Schedule a free consultation with My Italian Family today to discuss your options and prepare your application for whatever comes next. The legal landscape may be changing, but being prepared can make all the difference when new opportunities arise.