Citizeo
Briefing

The EU Court Will Review Italy's Retroactive Citizenship-by-Descent Restriction

Briefing summary

  • Italy restricted citizenship recognition by descent in 2025 through Article 3-bis.
  • The Italian Constitutional Court upheld major constitutional aspects of the reform in judgment 63/2026.
  • In Order 147/2026, it separately asked the Court of Justice of the European Union to interpret EU citizenship law.
  • The question concerns the rule's application to people born abroad before the reform who hold another nationality.
  • Article 3-bis remains current law while the EU reference is pending.

The court proceeding creates genuine uncertainty around part of Italy's 2025 citizenship-by-descent reform. It does not suspend the current eligibility rules or revive the earlier unlimited-generation route.

The rule being reviewed

Article 3-bis generally treats a person born abroad who holds another nationality as never having acquired Italian citizenship unless a statutory close-connection or transition exception applies.

For a new case, the relevant exceptions generally require a parent or grandparent who held only Italian citizenship, or an Italian parent with the specified period of residence in Italy before the person's birth or adoption. Separate transition protection covers certain complete administrative or judicial filings made by the March 2025 cutoff.

The Italian Citizenship by Descent pathway explains those current gates and the additional need to prove an unbroken citizenship chain.

What the Italian Constitutional Court did

In judgment 63/2026, the Constitutional Court rejected several challenges to the reform. It characterized Article 3-bis as an original bar to acquisition for the people it covers rather than a later revocation of citizenship already officially recognized.

In Order 147/2026, deposited on 23 July, the Court decided that the Court of Justice of the European Union should give the definitive interpretation of the relevant EU-law question. It asked whether Articles 9 of the Treaty on European Union and 20 of the Treaty on the Functioning of the European Union permit Article 3-bis to apply to someone who:

The Constitutional Court stayed the joined Italian proceedings until the EU court answers.

What the reference could change

The EU court could conclude that EU law permits the rule, conflicts with it, or requires a narrower or more individualized application. The answer could influence the Constitutional Court's final disposition and later Italian administrative or judicial cases.

The reference is focused. It does not automatically resolve every issue involving:

Even if the challenged restriction changes, an applicant would still need to prove the underlying descent chain and comply with the procedure applicable to the case.

What applicants should do now

An applicant should evaluate the case under current Article 3-bis rather than filing as though the earlier rule has returned. Someone potentially affected by the precise EU question should preserve evidence of birth dates, other citizenship, the Italian ancestor's citizenship history, any close-connection exception and every attempt to file before the transition cutoff.

Judicial-review timing is uncertain. Waiting can affect records, procedure and family circumstances, while filing a weak or premature case can be costly. An Italian citizenship lawyer can advise whether to proceed, preserve a claim or wait for the EU court based on the person's actual facts.

What Citizeo is watching

Citizeo will monitor:

  1. registration and procedural steps in the Court of Justice case;
  2. an Advocate General opinion, if one is issued;
  3. the Court of Justice judgment;
  4. the Italian Constitutional Court's resumed proceedings;
  5. Ministry, consular and comune instructions following any decision; and
  6. effects on pending administrative and judicial cases.

Sources