Major Citizenship Update: 2025 Citizenship Reform Referred to the European Court of Justice

The Italian Constitutional Court has issued Ordinance 147/2026, marking a significant development for thousands of Italian citizenship applicants worldwide. Rather than issuing a final decision on the 2025 citizenship reform—the law that introduced generational limits and new restrictions tied to naturalization—the Court has referred the key legal questions to the European Court of Justice. This elevates the legal discussion beyond Italy and into the European legal framework. Here's why this is an encouraging development for the future of Italian citizenship by descent.

The Current Status: The Judgment is Suspended

The most vital piece of news is that the Italian Constitutional Court did not issue a final ruling on the 2025 reform. Instead, the Court has officially suspended its proceedings.

The referring local tribunals (Mantova and Campobasso) argued that retroactively denying citizenship violates fundamental rights, legitimate expectations, and the principles of European law. While the Constitutional Court maintained its existing position, it determined that the key legal questions should instead be decided by the European Court of Justice (CJEU).

The CJEU is now tasked with determining whether Italy's restrictive new rules conflict with Article 9 of the Treaty on European Union (TEU) and Article 20 of the Treaty on the Functioning of the European Union (TFEU), which protect the fundamental status of EU citizens.

Other Key Findings: What the Court Decided

Here are the most important takeaways from the ordinance:

• Suspension of the Judgment: The Italian Constitutional Court has officially suspended its proceedings on the matter, deciding not to rule immediately on whether Article 3-bis of Law 91/1992 (introduced by Decree-Law 36/2025) violates the Italian Constitution.

• "Preclusion" vs. "Revocation": The Court made a legal distinction, stating that the 2025 reform does not "revoke" citizenship because the individuals in question never had their Italian status officially recognized. Instead, the law applies an "original preclusion" to acquiring it.

• The "Genuine Link" Requirement: The ruling emphasizes the need for an effective connection (a "genuine link") between the citizen and the State, indicating a shift away from purely distant ancestral ties.

Why This is a Positive Development

For those looking to reclaim their Italian heritage, this is an encouraging development. Here's why:

• The Door Is Not Closed: Following the Constitutional Court's earlier decision, many believed the new restrictions had effectively closed the door on future challenges. This new referral makes clear that the legal debate is far from over. Rather than ending the discussion, the Constitutional Court has now entrusted the European Court of Justice with deciding whether these restrictions are compatible with European law. As a result, the possibility of the legislation being overturned is once again very much alive.

• Protection of European Rights: By shifting the decision to the European level, the application of these rules will be assessed against established principles of European law, including fairness, proportionality, and the rights of EU citizens.

• A New Level of Review: Rather than reaching a final conclusion itself, the Constitutional Court decided that the compatibility of Italy's new citizenship restrictions with European law should be determined by the European Court of Justice. This creates an important opportunity for the legislation to be scrutinized under broader European legal protections.

• A Clear Path Forward: While the process will require patience, the referral ensures that the final decision will provide greater legal certainty. Once the CJEU rules, its interpretation will guide the application of these principles throughout the European Union.

We Stand With You

We know the journey to Italian citizenship can be complex, especially as the legal landscape continues to evolve. However, this referral to the European Court of Justice represents exactly the kind of comprehensive legal review that legislation of this significance deserves.

What many believed was the end of the road has now become the beginning of a new phase. The legal questions surrounding these restrictions will now be examined by the highest court in the European Union, creating a meaningful opportunity for the compatibility of the 2025 reform with European law to be fully assessed.

Your heritage matters, and we are monitoring these developments closely. We will continue to provide professional guidance and strategic support to ensure your citizenship application is positioned as strongly as possible throughout this evolving legal process.