New Citizenship Law referred to the EU Court of Justice

What just happened

Italy’s Constitutional Court issued a new decision on citizenship by descent and the constitutionality of the new law, namely Ordinance No. 147/2026 (here is the link: https://www.cortecostituzionale.it/scheda-pronuncia/2026/147), following the 9 June 2026 public hearing (filed 23 July 2026). The Court, without overturning its previous ruling, has referred a question for a preliminary ruling to the Court of Justice of the EU under Article 267 TFEU and suspended the constitutional case in the meantime.

The law under scrutiny

The referral concerns Article 3‑bis of Law No. 91/1992 (introduced by Decree‑Law No. 36/2025, converted by Law No. 74/2025), which imposes an original bar to the acquisition of Italian citizenship for persons born abroad who already possess another nationality, including those born before the rule entered into force, save for specified exceptions.

The EU question

In a nutshell, the Court asks whether Article 9 TEU and Article 20 TFEU (EU citizenship) preclude a national regime like Article 3‑bis that blocks recognition of Italian citizenship by descent in such cases, except where enumerated exceptions apply. Until Luxembourg answers, the Italian constitutional proceedings are stayed.

How this fits with April’s ruling

This move comes after the Court’s Judgment No. 63/2026 (April 30) that rejected constitutional challenges to Article 3‑bis under Italian and EU parameters, endorsing the genuine link rationale and the legislature’s room to recalibrate ius sanguinis with retroactive reach and compensatory measures. The new referral narrows the focus to a specific EU‑law compatibility question under Articles 9 TEU/20 TFEU.

Why it matters in practice

All cases tied to this referral are effectively on hold pending the CJEU’s answer, which will guide the subsequent constitutional review and cascade into lower‑court litigation. The Ordinance consolidates multiple remittals (Mantova and Campobasso), signaling the issue’s systemic impact on citizenship by descent claims filed after March 2025.

Key takeaways

The Constitutional Court has not struck down Article 3‑bis; it has asked the CJEU whether EU citizenship rules tolerate its structure and retroactive reach. Earlier, Judgment 63/2026 had upheld the reform’s constitutionality domestically, emphasizing effective connection and legislative discretion. However, the above referral might open potential pathways to citizenship by descent for many potential applicants depending on the decision by the CJEU.

We remain committed to exploring all available legal options for our clients and, while looking for alternative strategies (for instance, lawsuits challenging the objective delay of the authorities in providing for appointments in the past few years), we will continue to monitor developments in this rapidly evolving area of law. For specific advice on your case, please contact us.