[CLSTR]
< Back to situation

[REVISION HISTORY]

Italian citizenship law under EU review and court rulings

Updated 6 times since CLSTR started tracking revisions of this situation.

What changed

2026-08-05 09:44 UTC → 2026-08-13 21:05 UTC · added removed

In July 2026 2026, the Italian Constitutional Court suspended its endorsement of the 2025 ‘Tajani decree’ (Law 74/2025) and referred the two‑generation two-generation limit to the CJEU (Case C‑816/26, 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 assess evaluate these compatibility with EU law. Meanwhile, concerns. Simultaneously, the Court of Cassation (Sezioni Unite) issued a landmark ruling on 26 July overturned overturning the “minor issue”, confirming issue.” The Court confirmed that a child born with Italian citizenship does not automatically lose it when a parent later naturalises, and that citizenship acquired at birth is permanent. naturalizes abroad. This restored decision restores the right of descendants in the United States, Canada, Brazil, Argentina Argentina, and other diaspora communities to retain claim citizenship by descent (jus sanguinis) and transmit Italian citizenship. A separate ruling on 13 July expanded the scope of jus sanguinis, allowing great‑grandchildren and great‑great‑grandchildren it to claim Italian nationality provided they prove an uninterrupted lineage, future generations. The ruling stemmed from cases involving Venezuelan and indicated that applications filed before American families. The legal landscape remains divided by the 27 March 2025 deadline but blocked by consular delays may still be recognised. The dispute has prompted protests and 27, 2025, deadline. Individuals who formalized requests before this date remain under previous regulations, a reshaping status described by Fabiola Gomes Carvalho of migration‑service firms, especially Patrimonio Italiano as an “acquired right.” However, those serving Brazilian clients, which are diversifying into other European nationalities and opening a U.S. subsidiary. If who did not meet the CJEU finds deadline face significant barriers if their lineage extends beyond the two‑generation restriction incompatible with EU treaties, Italy will have to draft new legislation; second degree. While the Supreme Court’s rulings already safeguard citizenship for those previously jeopardised. many, the final status of the two-generation restriction depends on the CJEU’s interpretation.

Versions

  1. 2026-08-13 21:05 UTC Italian citizenship law under EU review and court rulings
  2. 2026-08-05 09:44 UTC Italian citizenship law under EU review and court rulings
  3. 2026-07-30 13:11 UTC Italian citizenship law faces EU review and court rulings
  4. 2026-07-29 21:06 UTC Italian citizenship law faces EU and Supreme Court rulings
  5. 2026-07-26 17:13 UTC Italian citizenship law dispute heads to EU court
  6. 2026-07-26 13:36 UTC Italian citizenship law dispute heads to EU court
  7. 2026-07-26 04:41 UTC Italian citizenship law dispute heads to EU court

Only revisions since CLSTR began indexing content versions appear here. Select a version to see what changed compared to the one before it.