Italy May Review Citizenship Acquisition Rules: EU Court to Consider the Case

Obtaining an Italian passport by descent may soon become significantly more difficult. Italy’s Constitutional Court has referred a question regarding the legality of new restrictions, introduced by the government for descendants of Italians, to the Court of the European Union. The European Court must determine whether applying the new rules to individuals born before the law came into effect complies with EU law. Meanwhile, the law itself remains in force.

Italy’s Constitutional Court Refers Case to the EU Court

On 9 June, the Constitutional Court of Italy published a ruling suspending the consideration of cases challenging the new citizenship legislation and referring the relevant questions to the Court of the European Union.

The dispute concerns Law No. 74/2025, known as the "Tajani Decree." This legislation was adopted by Prime Minister Giorgia Meloni’s government in March 2025 and subsequently approved by parliament.

The new law fundamentally altered the previous system of acquiring citizenship by descent. Whereas previous legislation did not set generational limits for descendants of Italians, applicants must now demonstrate a closer connection to Italy and meet new criteria.

Why the Constitutional Court Changed Its Position

The decision was unexpected because in April, the Constitutional Court of Italy had refused to refer a similar question to the EU Court. At that time, the judges concluded that existing practice was sufficient to assess the new law’s compliance with European law.

However, after receiving new appeals from the courts of Mantua and Campobasso, the Constitutional Court revised its approach. It suspended proceedings and sent a request to the EU Court in Luxembourg.

What the Court of the European Union Will Examine

The key issue will be the compatibility of Article 3-bis of the new law with EU law.

The Court must determine whether the provision that individuals born outside Italy, including before the law came into force, are considered never to have acquired Italian citizenship unless they fall under exceptions established by the new rules, is compatible with EU legislation.

Since Italian citizens are automatically citizens of the European Union, the decision in this case could affect not only national but also European citizenship issues.

The Law Remains in Force for Now

Referring the case to the EU Court does not automatically repeal the new law.

Law No. 74/2025 remains in effect, and all court proceedings regarding citizenship do not automatically cease. Each Italian court will independently decide whether to continue or suspend the consideration of a particular case until the EU Court issues its ruling.

The Supreme Court Issued a Separate Ruling

Separately, in May, Italy’s Supreme Court, which ensures the uniform application of the law, issued a decision regarding citizenship procedures.

The Court ruled that individuals seeking recognition of Italian citizenship may appeal to the court not only after an official refusal or delay in processing their application but also when administrative obstacles prevent them from submitting documents at all.

The Supreme Court also confirmed that under previous legislation, citizenship by descent was not granted by the state but recognised as existing from birth. However, the court did not consider the constitutionality or retroactive effect of Article 3-bis at that time.

When to Expect a Final Decision

In addition to the EU Court’s review, Italy’s Supreme Court still needs to determine how the new law applies over time and whether it can extend to individuals who, according to previous case law, were considered Italian citizens from birth.

Until these decisions are made, Law No. 74/2025 will remain in force. Meanwhile, different courts may decide differently whether to proceed with cases or suspend them pending the EU Court’s position. Therefore, the final fate of the new rules on citizenship by descent remains uncertain.

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