# Italian citizenship law under EU review and court rulings > Live situation record from CLSTR: https://clstr.news/situations/italy-citizenship-by-descent-reforms > Updated: 2026-08-13T00:00:00.000Z. Sources: 44. Developments: 7. 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. ## Claims - 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 (corroborated by 5 sources) - The ruling overturns the 'minor issue' interpretation that had caused automatic loss of Italian citizenship for children in such cases (corroborated by 5 sources) - The decision restores the right of descendants of Italian emigrants to claim Italian citizenship by descent (iure sanguinis) (corroborated by 5 sources) - The Italian Constitutional Court referred the 2025 citizenship‑by‑descent reform to the Court of Justice of the EU. (corroborated by 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. (corroborated by 4 sources) - The ruling affects descendants in jus soli countries such as the United States, Canada, Brazil and Argentina (corroborated by 3 sources) - The law affects millions of descendants worldwide, including in Argentina, Brazil, the United States and Canada. (corroborated by 2 sources) - The EU Court will assess compatibility of the Italian law with Articles 9 TUE and 20 TFEU concerning EU citizenship rights. (corroborated by 2 sources) - If the EU Court finds the restrictions incompatible, they could be overturned, requiring Italy to draft new legislation. (corroborated by 2 sources) - The Italian Constitutional Court previously upheld the 2025 law but has now suspended ongoing regional challenges. (corroborated by 2 sources) - The case involved hearings on 14 April 2026 with a Venezuelan family and two American families (corroborated by 2 sources) - Attorney Monica Restanio presented arguments that contributed to the ruling (corroborated by 2 sources) - Professor Leo Piccininni of Rome University co‑presented the legal argument (corroborated by 2 sources) - Lawyer Marco Mellone represented applicants and commented on the decision (corroborated by 2 sources) - The “minor issue” administrative interpretation, affecting applicants who became foreign citizens as minors, is also under review. (single source) ## Timeline ### 2026-08-13: 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. 2 sources. https://clstr.news/cluster/italy-restricts-citizenship-by-descent-under-new-law-742025 ### 2026-08-03: 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. 2 sources. https://clstr.news/cluster/italys-citizenship-law-reform-sent-to-eu-court ### 2026-07-29: 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 – 12 sources. https://clstr.news/cluster/italys-supreme-court-overturns-rule-that-stripped-citizenship-from-children-of-emigrants ### 2026-07-28: 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. 2 sources. https://clstr.news/cluster/italian-supreme-court-affirms-citizenship-by-descent-amid-eu-case ### 2026-07-26: 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 13 sources. https://clstr.news/cluster/italys-restrictive-citizenship-law-referred-to-eu-court-after-court-suspension ### 2026-07-23: 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 22 sources. https://clstr.news/cluster/italys-judiciary-seeks-eu-court-ruling-on-new-citizenship-restrictions ### 2026-07-13: 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. 2 sources. https://clstr.news/cluster/italy-expands-jus-sanguinis-to-greatgrandchildren-court-backs-pending-applications --- Cite as: Italian citizenship law under EU review and court rulings. CLSTR, https://clstr.news/situations/italy-citizenship-by-descent-reforms