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7 clusters · 44 sources · 31 days · First seen 2 months ago · Last updated about 1 month ago

Italian citizenship law under EU review and court rulings

Overview

In July 2026, the Italian Constitutional Court suspended its endorsement of the 2025 ‘Tajani decree’ (Law 74/2025) and referred the two-generation limit to the CJEU (Case C-816/26, “Picuso”). The referral, filed via Order No. 147, asks the EU Court to assess if the reform complies with Articles 9 of the Treaty on European Union and 20 of the Treaty on the Functioning of the EU. The CJEU opened proceedings on 28 July to evaluate these compatibility concerns.

Simultaneously, the Court of Cassation (Sezioni Unite) issued a landmark ruling on 26 July overturning the “minor issue.” The Court confirmed that a child born with Italian citizenship does not automatically lose it when a parent later naturalizes abroad. This decision restores the right of descendants in the United States, Canada, Brazil, Argentina, and other diaspora communities to claim citizenship by descent (jus sanguinis) and transmit it to future generations. The ruling stemmed from cases involving Venezuelan and American families.

The legal landscape remains divided by the March 27, 2025, deadline. Individuals who formalized requests before this date remain under previous regulations, a status described by Fabiola Gomes Carvalho of Patrimonio Italiano as an “acquired right.” However, those who did not meet the deadline face significant barriers if their lineage extends beyond the second degree. While the Supreme Court’s rulings safeguard many, the final status of the two-generation restriction depends on the CJEU’s interpretation.

Entities

Italian Constitutional Court · Court of Justice of the European Union · Italian citizenship law · Law 74/2025 · Law No. 74/2025 (Italian citizenship reform)

Claims

What the coverage asserts, and how many sources carry each claim.

[● 5 SOURCES] The Italian Court of Cassation (Sezioni Unite) issued a ruling on 26 July 2026 that children born with both Italian citizenship and another citizenship do not automatically lose Italian citizenship if
[● 5 SOURCES] The ruling overturns the 'minor issue' interpretation that had caused automatic loss of Italian citizenship for children in such cases
[● 5 SOURCES] The decision restores the right of descendants of Italian emigrants to claim Italian citizenship by descent (iure sanguinis)
[● 4 SOURCES] The Italian Constitutional Court referred the 2025 citizenship‑by‑descent reform to the Court of Justice of the EU.
[● 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.
[● 3 SOURCES] The ruling affects descendants in jus soli countries such as the United States, Canada, Brazil and Argentina
[● 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.
[● 2 SOURCES] If the EU Court finds the restrictions incompatible, they could be overturned, requiring Italy to draft new legislation.
[● 2 SOURCES] The Italian Constitutional Court previously upheld the 2025 law but has now suspended ongoing regional challenges.
[● 2 SOURCES] The case involved hearings on 14 April 2026 with a Venezuelan family and two American families
[● 2 SOURCES] Attorney Monica Restanio presented arguments that contributed to the ruling
[● 2 SOURCES] Professor Leo Piccininni of Rome University co‑presented the legal argument
[● 2 SOURCES] Lawyer Marco Mellone represented applicants and commented on the decision
[○ 1 SOURCE] The “minor issue” administrative interpretation, affecting applicants who became foreign citizens as minors, is also under review.

Timeline

about 1 month ago

[INTERNATIONAL] 2 sources
Italy restricts citizenship by descent under new Law 74/2025
Italy's Law 74/2025 restricts citizenship by descent to children and grandchildren of Italians, ending unlimited generational transmission for those who did not file requests by March 27, 2025.
about 1 month ago

[POLITICS] 2 sources
Italy's Citizenship Law Reform Sent to EU Court
Italy’s new Law 74/2025 limits citizenship by descent to children and grandchildren, prompting protests and lawsuits. The Constitutional Court has referred the issue to the European Court of Justice for review.
about 1 month ago

[POLITICS] 12 sources
Italy's Supreme Court overturns rule that stripped citizenship from children of emigrants
Italy's Supreme Court ruled that children born with Italian citizenship and another nationality retain their Italian status when a parent naturalizes, ending the “minor issue” and reopening citizenship claims –
about 2 months ago

[POLITICS] 2 sources
Italian Supreme Court affirms citizenship by descent amid EU case
EU Court’s “Picuso” case reviews Italy’s new citizenship rules, while Italy’s Supreme Court reaffirms birthright citizenship, affecting descendants worldwide, notably Brazilians.
about 2 months ago

[POLITICS] 13 sources
Italy's citizenship-by-descent law sent to EU Court for ruling
Italy’s Constitutional Court has referred the 2025 citizenship‑by‑descent restrictions to the EU Court, seeking a ruling on EU law compatibility; the outcome could overturn limits affecting millions of diaspora
about 2 months ago

[INTERNATIONAL] 22 sources
Italian citizenship law dispute reaches EU Court amid Brazil migration surge
Italy’s 2025 Tajani decree capped citizenship by descent to two generations. The Constitutional Court has sent the case to the EU Court, while Brazilian migration firms expand services and open a U.S. office to
2 months ago

[POLITICS] 2 sources
Italy expands jus sanguinis to great‑grandchildren, court backs pending applications
Italy's court upholds citizenship by descent for great‑grandchildren, allowing pending pre‑2025 applications to proceed despite new law restrictions.

Sources

abc17news.com · amodireito.com.br · brasilemfolhas.com · clicrdc.com.br · diariopanorama.com · exame.com · haberaktuel.com · hotsite.cnnbrasil.com.br · imgpress.it · independent.co.uk · infoarenales.com · istoe.com.br · italianismo.com.br · italiareportusa.com · jwave.com.br · kesq.com · keyt.com · kickboxingfights.com · kion546.com · kvia.com · lacronaca24.it · lagacetasalta.com.ar · lavocedinewyork.com · localnews8.com · mobile.valor.com.br · mondialnews.com · orderisda.org · osul.com.br · paranashop.com.br · portal.comunique-se.com.br · portalterradaluz.com.br · publicpolicy.it · quotidianodigela.it · revistaempreende.com.br · revistaepoca.globo.com · ride-index.de · romadailynews.it · stranieriinitalia.it · tpi.it · traveltomorrow.com · upday.com · whec.com · winnipegfreepress.com · world-today-news.com

This summary has been updated 6 times: see revision history