Italy's citizenship-by-descent law sent to EU Court for ruling

Italian citizenship law jure sanguinis EU Court referral constitutional challenge diaspora impact

Italy’s Constitutional Court has referred the 2025 citizenship‑by‑descent reform (Decree‑Law No. 36/2025, later Law No. 74/2025) to the Court of Justice of the European Union. The reform limits eligibility for Italian citizenship by descent to those with an Italian parent or grandparent, cutting off more distant descendants. Order No. 147, filed on 23 July 2026, asks the EU Court to interpret whether the new provisions comply with EU law, particularly articles 9 of the Treaty on European Union and 20 of the Treaty on the Functioning of the EU, which protect EU citizenship rights.

The law has impacted millions of Italians living abroad – in Argentina, Brazil, the United States, Canada and elsewhere – many of whom have already invested in genealogical research and legal fees. The Constitutional Court, which previously upheld the reform, has now suspended ongoing regional challenges and paused further proceedings while the EU Court’s opinion is awaited. If the EU Court finds the restrictions incompatible, the measures could be struck down and Italy would need to draft new legislation. The case also touches on a controversial “minor issue” administrative interpretation that could affect applicants who acquired foreign citizenship as minors.

Entities: Court of Justice of the European Union · EU citizenship (Articles 9 TUE & 20 TFEU) · Italian Constitutional Court · Italian Republic · Law No. 74/2025 (Italian citizenship reform)

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[○ 1 SOURCE] The “minor issue” administrative interpretation, affecting applicants who became foreign citizens as minors, is also under review.
[● 2 SOURCES] Order No. 147, filed on 23 July 2026, is the instrument used to refer the case to the EU Court.
[● 4 SOURCES] The Italian Constitutional Court referred the 2025 citizenship‑by‑descent reform to the Court of Justice of the EU.
[● 2 SOURCES] If the EU Court finds the restrictions incompatible, they could be overturned, requiring Italy to draft new legislation.
[● 4 SOURCES] The 2025 reform (Decree‑Law No. 36/2025, Law No. 74/2025) limits Italian citizenship by descent to individuals with an Italian parent or grandparent.
[● 2 SOURCES] The Italian Constitutional Court previously upheld the 2025 law but has now suspended ongoing regional challenges.
[● 2 SOURCES] The law affects millions of descendants worldwide, including in Argentina, Brazil, the United States and Canada.
[● 2 SOURCES] The EU Court will assess compatibility of the Italian law with Articles 9 TUE and 20 TFEU concerning EU citizenship rights.