Italian citizenship by descent: reference to the Court of Justice of the European Union

The recent evolution of Italian citizenship legislation has opened a new chapter in the legal debate concerning the acquisition of citizenship by descent. Following a lengthy debate on the compatibility of the amendments introduced to the citizenship legislation with Italian constitutional principles, the issue has now also come before the Court of Justice of the European Union.

The decisive development is represented by Order No. 147/2026 of the Italian Constitutional Court, by which a preliminary question concerning the compatibility of the new Italian legislation with European Union law was referred to the Court of Justice of the European Union.

From national legislation to European Union law

Citizenship is, as a general rule, a matter falling within the competence of the Member States. This means that each country retains a broad margin of discretion in determining who may acquire its citizenship and under what conditions.

However, this national competence is not entirely outside the scope of the European Union legal order. The acquisition of the citizenship of a Member State also entails the acquisition of the status of citizen of the Union.

Article 9 of the Treaty on European Union and Article 20 of the Treaty on the Functioning of the European Union establish, in fact, the principle that anyone who holds the nationality of a Member State is also a citizen of the European Union.

National citizenship therefore has a dual dimension: on the one hand, it determines the legal relationship between an individual and the State of which that person is a national; on the other, it constitutes the basis for the exercise of a series of rights directly conferred by the European legal order.

It is precisely this connection between national citizenship and European citizenship that, according to the Constitutional Court, has made it necessary to examine the issue also in the light of European Union law.

Why the reference to the Court of Justice is relevant

The issue is of particular importance to those interested in Italian citizenship by descent, especially in light of the amendments made to the provisions contained in Law No. 91/1992 by Decree-Law No. 36/2025, subsequently converted into Law No. 74/2025.

A reference for a preliminary ruling enables the Court of Justice to rule on the interpretation of the relevant national provisions and their compatibility with the principles of the European legal order.

It is therefore not merely a further stage in the national debate. The proceedings introduce a supranational legal parameter that is intended to affect the interpretation of Italian legislation to the extent that such legislation falls within the scope of European Union law.

The judgment of the Court of Justice may therefore provide important guidance concerning the relationship between the legislative powers of the Member States in matters of citizenship and the obligations arising from membership of the European Union.

Proceedings before the Court of Justice

The question has been registered with the Court of Justice of the European Union as Case C-816/26.

The preliminary ruling procedure provides for a written phase during which interested parties, the institutions of the Union, and the Member States may submit observations to the Court. In the present case, the deadline indicated for the submission of written observations is two months and ten days from notification of the reference, which took place on 26 August 2026.

The written phase may be followed by a hearing before the Court of Justice in Luxembourg, should the relevant conditions be met. At the conclusion of the proceedings, the Court will deliver its decision on the question referred by the Italian Constitutional Court.

The duration of preliminary ruling proceedings may vary depending on the complexity of the issue and the procedural stages required. For this reason, the conclusion of the case cannot be determined with certainty by reference to a predetermined date.

What consequences may the european decision have?

The ruling of the Court of Justice will be particularly significant because it may help clarify the relationship between the new Italian citizenship rules and the principles of European Union law.

The issue concerns, in particular, the delicate balance between the competence of the Member States to regulate the acquisition of citizenship and the consequences that such regulation produces for the status of citizen of the Union.

For persons interested in Italian citizenship by descent, the outcome of the proceedings will therefore also be important from the standpoint of the future interpretation of the legislation. However, until the proceedings before the Court of Justice have been concluded and any subsequent developments at the national level have taken place, it is not possible to anticipate the concrete impact that the decision will have on individual proceedings.

An issue set to remain at the centre of the debate

The reference to the Court of Justice therefore marks a significant stage in the legislative developments concerning Italian citizenship.

The debate, which began at the level of the compatibility of the reform with the principles of the Italian constitutional order, has now extended to European Union law. The future ruling of the Court of Justice may contribute to defining more precisely the limits within which Member States may regulate their own citizenship where such regulation affects, directly or indirectly, the status of citizen of the Union.

For this reason, Case C-816/26 is a proceeding that warrants particular attention: its conclusion may provide relevant elements for understanding the evolution of Italian legislation and the future legal framework governing the acquisition of citizenship by descent.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.