Italian citizenship by descent: Constitutional Court refers the case to the Court of Justice of the European Union

The case concerning the recognition of Italian citizenship by descent has entered a new phase. In an order published yesterday, 23 July 2026, the Italian Constitutional Court decided to suspend its proceedings and refer several questions of interpretation to the Court of Justice of the European Union (CJEU), requesting clarification on the relationship between Italian legislation and European Union law.

The decision follows the examination of constitutional legitimacy issues raised by the Courts of Campobasso and Mantua. Although a final ruling on the constitutionality of the challenged provisions had been expected, the Constitutional Court considered it necessary to first obtain an interpretation of EU law before ruling on the merits of the case.

Why the Court of Justice of the European Union is involved

When a national court believes that resolving a dispute depends on the interpretation of European Union law, it may make what is known as a preliminary reference. Through this procedure, the Court of Justice provides a binding interpretation of EU law, enabling the national court to conclude the proceedings in accordance with the principles established by the European Court.

In the case of citizenship by descent, the Constitutional Court concluded that certain issues require prior clarification by the CJEU, given the significance of the legal questions involved and their potential impact on the Italian legal system.

The European proceedings and their expected timeline

Proceedings before the Court of Justice of the European Union generally consist of a written phase followed by an oral phase. Together, these stages typically take between 16 and 18 months, although the duration may vary depending on the complexity of the case or whether it is treated as urgent.

During the written phase, the parties involved, the Member States, the European institutions, and other entitled participants may submit written observations setting out their legal positions. This is followed by a public hearing and, in most cases, the delivery of the Opinion of the Advocate General, which provides an important legal analysis even though it is not legally binding.

Only after the CJEU has delivered its judgment will the case return to the Italian Constitutional Court, which will then issue its final decision in light of the interpretation provided by the European Court.

As a result, a final decision on the matter is not expected in the near future. Until then, the proceedings will remain suspended pending the judgment of the Court of Justice.

A decision with significant implications

The Constitutional Court's decision to make a preliminary reference represents a particularly significant procedural step, especially since it is relatively uncommon for the Court to use this mechanism in disputes of this nature. The decision reflects the Court's intention to ensure that Italian legislation is fully compatible with the European legal framework before issuing a final ruling.

The outcome of the proceedings could have a substantial impact on future applications for the recognition of Italian citizenship by descent, an issue affecting a large number of people of Italian origin living abroad. For this reason, the forthcoming judgment of the Court of Justice of the European Union is expected to be followed closely, as it will help define the legal framework within which future decisions of the Italian judiciary will be made.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.