An interesting turn of events has occurred in the Constitutional Court’s decision on the new citizenship by descent law. The Constitutional Court issued a press release on July 23, 2026 announcing Order No. 147/2026, will be referred to the Court of Justice of the European Union (CJEU). The referral asks Europe’s highest court to review the questions concerning Italy’s new citizenship by descent law to determine whether the new law is compatible with European Union citizenship principles.
The Tajani Decree, Italy’s new citizenship by descent law, significantly changed their citizenship by descent rules. Under the old law citizenship could be passed on through multiple generations as long as the citizenship line had never been interrupted. Under the provision Article 3-bis in the Tajani Decree it establishes that individuals who were born abroad and already possess another citizenship are considered not to have acquired Italian citizenship by descent from birth unless they meet one of the specific exceptions provided by the law. While we have seen success in some of the lower court systems, we all have been patiently waiting for the Constitutional Court’s final decision on some of the details of the decree.
The Reasoning For the Referral
The recent issue in question reached the Constitutional Court after the Campobasso Tribunal and the Tribunal of Mantua, who have played prominent roles in challenging the new changes, raised concerns about whether the new law complied with European Union law. They are asking can Italy remove access to EU citizenship by proclaiming that an entire category of people who had never acquired citizenship in the first place? Previously, lower courts followed CJEU rulings that said a country cannot remove citizenship without looking at the person’s specific circumstances, considering how it affects their life and family, and ensuring the measure is fair and reasonable. It is being argued that the same principle should apply here because losing recognition as an Italian citizen also results in the loss of EU citizenship and the rights connected to it, including the right to live and work freely within the European Union.
The parties involved argued that Italy cannot simply pass a law declaring that certain individuals were never Italian citizens without considering the impact that decision could have on their rights as European Union citizens. The Constitutional Court agreed that this question should be answered by the CJEU, which has the final authority to interpret EU law. For that reason, it referred the issue to them for a definitive ruling.
The Constitutional Court Stands By Their Original Position
The referral does not mean that the Constitutional Court has changed its position on the Tajani Decree. In fact, the Court continues to maintain that Article 3-bis does not revoke an existing citizenship. Instead, under the new law, certain individuals born abroad who already hold another nationality are considered never to have acquired Italian citizenship in the first place. For that reason, the Court believes the law does not violate Articles 9 and 20 of the European Union treaties. At the same time, the Constitutional Court acknowledges that the final decision on whether this distinction is consistent with European Union law belongs to the CJEU.
What This Means?
The decision in this case could become pivotal for future challenges to the Tajani Decree. If the CJEU agrees with the Constitutional Court’s reasoning that there is an original lack of citizenship rather than the withdrawal of an existing citizenship, which could strengthen the legal foundation of the new law. On the other hand, if the CJEU determines that EU law requires Italy to examine each person’s individual circumstances before denying recognition of citizenship and essentially their EU rights, the decision could affect how Italian courts apply Article 3-bis for many jure sanguinis citizenship cases currently pending before Italian courts, as well as in future cases. Moreover, if the CJEU concludes that the Tajani Decree has the effect of retroactively depriving individuals of Italian citizenship, such a finding could also lead to the amendment or invalidation of the new rules introduced by the decree to the extent that they are found to be incompatible with EU law.
For now, the Tajani Decree remains in effect. The Constitutional Court has not reversed its previous decision, but it has recognized one crucial question: whether the law is in conjunction with European Union citizenship rules, which can only be answered by the Court of Justice of the European Union.
Italian Citizenship Assistance can help
If you would like your case for citizenship analyzed or believe that you may have a court case, Italian Citizenship Assistance is here to help! You can contact us at [email protected].
