The fate of the Tajani Decree is currently in the hands of the European Union. Below, we discuss what the process looks like for how the CJEU handles cases, and how this might affect the new citizenship reform.
What is the Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) ensures that EU law is appropriately interpreted and applied in each EU country. National courts can present questions to the CJEU for clarification on applying a particular law in that country (what has recently happened with the Tajani Decree); the CJEU can enforce laws where they do not meet EU standards; they can annul EU legal acts; and persons harmed by EU institutions can take action against them through the CJEU.
There are two courts: the Court of Justice and the General Court. It is the Court of Justice that is currently considering the Tajani Decree, and that we will focus on in this article.
How legal issues like the Tajani Decree get brought forward
As mentioned above, the national courts of EU countries can present specific questions and issues about their country’s compliance with EU law to the CJEU. Earlier this year, the Courts of Mantova and Campobasso raised issues about the compliance of the reform with EU law to the Constitutional Court. While the Constitutional Court has chosen to temporarily uphold the Tajani Decree, it ultimately referred the question of EU compliance to the CJEU. Specifically, the CJEU will rule on whether or not the Tajani Decree unfairly retroactively revokes Italian citizenship from those who were considered Italian citizens under a different legal framework.
The phases of the court’s review
There are two primary phases in the CJEU’s process: a written phase and an oral phase. The Tajani Decree has been in the written phase. During this phase all parties involved—including the Constitutional Court and the Courts of Mantova and Campobasso—will need submit any remarks they have about the case. At the end of this process, the Judge-Rapporteur will compile a report of everything said, and then the Court of Justice will decide if a hearing is needed.
If the CJEU decides to move on to a hearing for the Tajani Decree, this would be very beneficial and allow the judges to ask further questions and obtain a more comprehensive understanding of Italian citizenship law and how it has developed over the years. If there is a hearing, it will be held in Luxembourg and will be open to the public.
The Advocate General
Following the hearing, the Advocate General—an unbiased member who examines all the evidence in a case—proposes a final judgment. While their assessment is not binding on the other members of the court, it is weighty, considered official legal advice which the judges take seriously. After a final ruling has been issued by the court, it will be translated into all EU languages and delivered back to Italy’s Constitutional Court, which must comply with the ruling, even if it differs from the Constitutional Court’s own opinion.
What does this look like for the Tajani Decree’s future?
CJEU cases can take anywhere from 15 to 18 months. While we do not know for certain when the questions about the Tajani Decree will be decided, back in September the Italian Court of Catanzaro chose to postpone a case until June 2027, citing the need for the EU to make a decision before they could proceed. This might indicate when we can expect to hear from the CJEU, but we cannot know at this time.
Challenges continue to be brought against aspects of the Tajani Decree, particularly for those who made good faith attempts to secure an appointment prior to the reform, and in regard to its retroactive application. Here at ICA, we will keep you informed of all the progress related to the CJEU and Tajani Decree.
Conclusion
Are you interested in having your own Italian citizenship case evaluated, or do you have questions about relocating to Italy? Italian Citizenship Assistance is here to help! Contact us today at [email protected].
