Italian Supreme Court affirms citizenship by descent amid EU case

The Court of Justice of the European Union (case C‑816/26) opened proceedings under the fictitious name “Picuso” to examine whether Italy’s new rules on citizenship by descent comply with EU treaties. The case, registered on 23 July 2026, remains pending while the EU Court evaluates the compatibility of the reforms with Articles 9 of the Treaty on European Union and 20 of the Treaty on the Functioning of the EU.

Separately, Italy’s Supreme Court of Cassation issued a ruling that citizenship acquired at birth is permanent and cannot be automatically revoked by a later naturalisation of the parents. The judgment, stemming from a dispute involving a Venezuelan family, clarifies that only children who acquire a second nationality after their parents’ naturalisation may fall under the older loss provisions. The decision is relevant for thousands of Italian descendants worldwide, especially Brazilians, and confirms that administrative or judicial recognitions merely declare an existing right. The Italian Constitutional Court has referred the matter to the EU Court for a final interpretation. Cases filed before 27 March 2025 will continue to be assessed under the pre‑reform legislation, while those submitted afterward await broader guidance.