Italy sends citizenship-by-descent dispute to EU court

RIO DE JANEIRO (CN) — Italy’s Constitutional Court made public Thursday a June 9 order suspending proceedings challenging a law that restricted recognition of Italian citizenship by descent and referring the dispute to the Court of Justice of the European Union.

Law 74/2025, known as the Tajani Decree, was adopted by Prime Minister Giorgia Meloni’s government in March 2025 and later approved by Parliament. It ended the previous system, which imposed no generational limit, and required applicants to demonstrate closer ties to Italy.

The decision marks a shift from the position the same court adopted in April. At the time, the judges rejected a similar request to refer the matter to the European court and said existing case law was sufficient to conclude the legislation did not violate EU rules.

In the order published Thursday, the Constitutional Court considered new challenges raised by courts in Mantua and Campobasso, suspended the proceedings and sent the question to Luxembourg.

The central question is whether Article 3-bis complies with EU law when it treats people born abroad, including before the law took effect, as never having acquired Italian citizenship unless they fall within exceptions established under the new rules.

The case has particular significance in Brazil, home to the largest community of Italian descendants outside Italy, estimated at 30 million people. For decades, Brazilians with more distant Italian ancestry could seek recognition of citizenship through administrative proceedings or lawsuits.

The new order does not strike down the law or automatically suspend all pending citizenship cases. Law 74/2025 remains in effect, and individual judges will decide whether to proceed with or pause similar cases while awaiting a ruling from the Court of Justice of the European Union.

In a separate ruling in May, the Court of Cassation, which is responsible for ensuring consistent interpretation of Italian law, held people seeking recognition of citizenship may sue not only after an application is denied or delayed, but also when administrative barriers prevent them from filing one.

The court reaffirmed citizenship by descent is recognized rather than granted and, under the previous legal framework, existed from birth. The court did not address the constitutionality or retroactive application of Article 3-bis.

Andrey José Taffner Fraga, a lawyer and coordinator of the Trentino Circles of Santa Catarina and Paraná, organizations dedicated to preserving the culture of immigrants from the Italian province of Trento in Brazil, said the Constitutional Court recognized decisions on Italian citizenship also have consequences for EU citizenship, held by all nationals of EU member states.

Taffner said the referral opens a new chapter in the dispute by taking the issue beyond the Italian courts. The Court of Justice of the European Union will examine whether applying the new rules, including to people born before they took effect, complies with EU citizenship rules.

In April, the Constitutional Court upheld the law after concluding it did not strip anyone of citizenship already acquired. The judges found the legislation created an original bar to acquisition, allowing certain descendants to be treated as if they had never obtained Italian citizenship.

Arno Dal Ri, a professor of international law at the Federal University of Santa Catarina, said countries retain broad authority to define their nationality rules.

“The procedure adopted by Italy is not improper, considering that it has the authority to expand or narrow the criteria for granting nationality,” Dal Ri said. “What is at issue are some more technical and narrowly defined questions, such as how far the law may apply retroactively to people who were born before it was enacted.”

Gabriel Ezra Mizrahi, founder of Clube do Passaporte, a consultancy specializing in European citizenship and migration planning, said the order changes the legal landscape even though it does not produce uniform immediate effects.

“Some judges may decide to stay pending cases rather than apply the current law while awaiting guidance from the European court, but no court is required to do so,” Mizrahi said. He estimated the European court could take one to two years to rule, even if the case is given priority.

In addition to the European review, the Court of Cassation is expected to examine the law’s temporal reach and whether it can apply to people who were considered Italian citizens from birth under earlier case law.

Until those rulings are issued, the law will remain in effect, cases may proceed differently from court to court, and the dispute over citizenship by descent will remain unresolved.

Courthouse News reporter Marília Marasciulo is based in Brazil.