On 23 July 2026, the Italian Constitutional Court issued Order No. 147/2026, referring key questions concerning Italy’s 2025 citizenship reform to the Court of Justice of the European Union (CJEU).
The decision has generated considerable attention among individuals seeking recognition of Italian citizenship by descent (jure sanguinis). However, much of the reporting has led to confusion.
The Constitutional Court did not declare the reform unconstitutional, nor did it suspend the law. Instead, it decided to suspend only the constitutional proceedings currently pending before it while requesting guidance from the CJEU on whether part of the reform is compatible with European Union law.
For applicants, the legal framework remains unchanged—for now.
What Is the Constitutional Court Reviewing?
The case concerns Article 3-bis of Law No. 91/1992, introduced by Decree-Law No. 36/2025 and subsequently converted into Law No. 74/2025.
The provision significantly altered the rules governing Italian citizenship by descent.
In simplified terms, the new legislation provides that a person who:
- was born outside Italy;
- holds another citizenship; and
- does not fall within one of the statutory exceptions,
is considered never to have acquired Italian citizenship, even if they were born long before the reform entered into force.
This represents one of the most controversial aspects of the 2025 reform because the new legal framework applies to individuals born decades before the legislation was enacted.
The Constitutional Court has described this mechanism as an original exclusion from the acquisition of citizenship, rather than a revocation or loss of a citizenship that had already been formally recognized.
Why Has the Case Been Referred to the EU Court of Justice?
Rather than deciding immediately on the constitutional questions, the Constitutional Court asked the CJEU to clarify whether Article 3-bis is compatible with EU law.
Specifically, the Court requested an interpretation of:
- Article 9 of the Treaty on European Union (TEU); and
- Article 20 of the Treaty on the Functioning of the European Union (TFEU).
These provisions establish that every national of a Member State is also a citizen of the European Union.
Because Member States determine who qualifies as their nationals, but EU citizenship derives directly from national citizenship, the Constitutional Court considered that the interpretation of EU law is essential before deciding the constitutional issues.
What Will the EU Court Have to Decide?
In practical terms, the CJEU has been asked whether European Union law allows a Member State to introduce legislation that prevents certain individuals born abroad before the reform from ever acquiring Italian citizenship solely because they possess another nationality, except in the limited circumstances expressly provided by the law.
Importantly, the question is not whether Italy may revoke citizenship already recognized.
Instead, the Court will assess whether this legislative mechanism—defined by the Constitutional Court as an original preclusion to acquisition—is compatible with the principles governing EU citizenship.
Its interpretation will guide the Constitutional Court when it resumes the suspended proceedings.
What Changes for Applicants Right Now?
This is the most important practical question.
At present, nothing changes.
Despite the referral to the Court of Justice, the 2025 citizenship reform remains fully in force.
In particular:
- Article 3-bis continues to apply.
- The Constitutional Court has not suspended the effectiveness of the law.
- The previous legal framework has not been restored.
- Applications previously rejected are not automatically reopened.
- Authorities continue to apply the current legislation.
- No prediction can yet be made regarding the eventual outcome before the CJEU.
The only proceedings that have been suspended are those pending before the Constitutional Court itself.
This distinction is essential. The referral does not create a temporary return to the pre-2025 citizenship rules.
What Could Happen Next?
The next step belongs to the Court of Justice of the European Union.
After reviewing the questions submitted by the Constitutional Court, the CJEU will issue an interpretation of EU law.
Several outcomes are possible.
The EU Court Finds the Reform Compatible with EU Law
If the CJEU concludes that Article 3-bis complies with Articles 9 TEU and 20 TFEU, the Constitutional Court may ultimately reject the constitutional challenges and allow the legislation to remain fully operative.
The EU Court Identifies Conditions or Limitations
The Court may determine that the legislation is generally compatible with EU law but only if interpreted or applied under specific conditions designed to protect rights arising from EU citizenship.
Such an interpretation could influence how Italian courts apply the reform in future cases.
The EU Court Finds the Reform Incompatible with EU Law
The CJEU could also conclude that all or part of Article 3-bis conflicts with European Union law.
If that occurs, the case will return to the Constitutional Court, which will decide how the incompatibility affects the constitutionality of the legislation within the Italian legal system.
Until that process is completed, however, the current law continues to apply.
What Should Individuals Considering an Italian Citizenship Application Do?
Anyone considering an application for recognition of Italian citizenship by descent should evaluate their eligibility under the legislation currently in force.
The referral to the Court of Justice represents an important stage in the ongoing litigation, but it does not create a new legal basis for obtaining recognition of Italian citizenship.
Each case depends on several factors, including:
- the applicant’s family lineage;
- relevant dates of birth and transmission of citizenship;
- whether any statutory exceptions apply; and
- the current interpretation of Italian citizenship law.
Given the evolving legal landscape, obtaining a professional legal assessment remains the most reliable way to determine eligibility and identify the appropriate legal strategy.
Frequently Asked Questions
Has the Italian citizenship reform been suspended?
No. The reform remains fully in force. The Constitutional Court suspended only the pending constitutional proceedings while awaiting guidance from the Court of Justice of the European Union.
Can applications now be filed under the previous rules?
No. Order No. 147/2026 does not restore the legal framework that existed before the 2025 reform. Italian authorities continue applying the current legislation.
What will the EU Court of Justice decide?
The Court will determine whether the restrictions introduced by Article 3-bis are compatible with EU citizenship rules under Articles 9 TEU and 20 TFEU. It will not directly decide individual citizenship applications.
When will a final decision be issued?
There is currently no definitive timeline. After the Court of Justice issues its interpretation, the proceedings will return to the Italian Constitutional Court, which will then decide the constitutional questions raised by the referring courts.
Final Thoughts
Order No. 147/2026 marks an important procedural development in the legal challenges against Italy’s 2025 citizenship reform. However, it should not be interpreted as a suspension of the law or as an indication that previous citizenship rules have been reinstated.
Until the Court of Justice of the European Union provides its interpretation and the Italian Constitutional Court reaches a final decision, Article 3-bis remains fully effective.
For prospective applicants, the most prudent approach is to assess eligibility under the current legal framework while monitoring future judicial developments.
Are You Considering an Italian Citizenship by Descent Application?
The 2025 reform remains in force, but its application depends on each applicant’s family history, relevant dates, and legal circumstances. MG Law assists international clients in evaluating eligibility, interpreting the current legislation, and developing the most appropriate legal strategy based on the latest judicial developments.
