If you're pursuing Italian citizenship by descent, the ground just shifted again. The Constitutional Court had already upheld the core of last year's reform, which cut off jus sanguinis for most people born abroad. Now it's asking the EU's top court whether that cutoff is legal under EU citizenship rules. That's a meaningful escalation, and this week's coverage in Italian on Il Dubbio, Italia Report USA, and Insieme gives us a clearer sense of what it means in practice.
What Order 147/2026 says
Here's the gist of Order 147/2026, issued July 23, as reported by Il Dubbio (“Cittadinanza italiana, la Consulta si rivolge alla Corte Ue”) and Italia Report USA (“Ius Sanguinis, la stretta italiana approda alla corte UE”):
- The Court's earlier judgment (Sentenza 63/2026) upheld the March 2025 "Tajani decree," now codified as Art. 3-bis of Law 91/1992.
- That law retroactively cuts off automatic recognition for people born abroad who don't meet specific conditions.
- Narrow carve-outs remain: a pending application filed by March 27, 2025; an ancestor who held only Italian citizenship (no dual nationality); or a parent who lived in Italy for at least two continuous years before the child's birth.
What's new is that the Constitutional Court has referred a preliminary question to the EU Court of Justice. The question, stripped of legal jargon, is whether Articles 9 TEU and 20 TFEU (which guarantee EU citizenship to anyone holding a member state's nationality) allow a national law that retroactively bars people from ever having acquired citizenship in the first place, rather than formally "revoking" a status someone already held.
That distinction is important: revoking a recognized status and denying that the status ever existed are two different legal moves, and EU law treats them differently.
Why this is now a European story, not just an Italian one
As a legal translator specialized in citizenship cases, I've been following this case for a while, and what struck me most in this week's reporting is how the framing has changed. Earlier coverage treated this as an Italian constitutional matter: would Rome's own top court strike down or preserve the 2025 reform. The articles on Il Dubbio and on Italia Report USA both treat it primarily as a European matter now. The question isn't "what did Rome decide," it's "what will Luxembourg decide."
That's not just a semantic shift. Once a national court refers a question to the CJEU, the answer applies EU-wide and binds every member state's courts on that point of EU law. Italy's Constitutional Court doesn't get the last word here, the CJEU does.
A more optimistic voice from Brazil
An article on Insieme (“La Corte Costituzionale porta la cittadinanza italiana in Europa e riaccende la speranza per i discendenti”) stood out to me for its tone. Insieme covers Italian citizenship extensively for the Italian-Brazilian community, and the piece quotes Brazilian-Italian citizenship lawyer Marco Mellone, who's been closely involved in the litigation challenging the reform.
Mellone describes the referral as something more than a procedural pause. He says it reopens real legal ground for descendants, arguing that sending this question to Luxembourg is a sign that the retroactive cutoff sits on shakier legal footing than the Constitutional Court's own reasoning suggests. That's a more hopeful read than what I've seen in most Italian domestic coverage.
Worth being precise about what that optimism is, and isn't, based on. It's optimism about the existence of a live legal question at the EU level, not a signal that Italy's Constitutional Court is backing away from its own position.
No sign of softening in Rome
None of the three articles suggest the Constitutional Court's lean toward upholding the reform has changed. If anything, the Court's own reasoning in the referral leans toward finding the reform consistent with the CJEU's 2025 "genuine link" doctrine from the Malta golden-passport case, the same doctrine used to justify stricter nationality requirements tied to real, demonstrable connection to a country.
The Constitutional Court is asking Luxembourg to confirm that Italy's approach is compatible with EU citizenship rules, without signaling any doubt about its own ruling. It still expects, based on its own reasoning, that the answer will be yes.
Why this matters if you work on Italian citizenship cases
A few practical consequences follow directly from the referral:
- All pending Italian proceedings tied to this specific EU legal question are now suspended until Luxembourg rules.
- The "safe harbor" categories in Art. 3-bis remain the operative rule for now. Nothing about current filing requirements or deadlines has changed.
- A CJEU ruling could still be a year or more away, so anyone hoping for a quick resolution should recalibrate expectations.
- For clients and colleagues navigating jus sanguinis claims right now, the case has moved into a venue where the outcome is less predictable than domestic litigation alone would have suggested, and where advocates who've been in this fight for years see that as meaningful.
Where things stand
The practical rules haven't changed this week. If you're filing a claim, the same cutoffs, carve-outs, and documentation requirements from Art. 3-bis still apply. What has changed is the forum, and possibly the stakes. The case that started as a domestic constitutional question is now a live question of EU law, and that's a different kind of fight.
I'll keep tracking this as the CJEU timeline develops, and, as always, I'm available for any legal translation work related to Italian immigration.