Italian Citizenship by Descent and the EU Court: What You Need to Know

The new rules on Italian citizenship by descent introduced in 2025 have significantly changed the legal framework governing the acquisition of Italian citizenship by iure sanguinis.

The new legislation has raised important questions concerning people born abroad who claim Italian citizenship through their Italian ancestors, particularly where they hold another citizenship.

At the same time, the constitutionality of the new rules has been challenged before the Italian Constitutional Court, which has now referred a key question concerning the new legislation to the Court of Justice of the European Union.

The decision of the European Court could therefore have significant consequences for many individuals seeking Italian citizenship by descent.

New Italian Citizenship Law: What Are the New Rules for Italian Citizenship by Descent in 2026?

The new Italian citizenship law introduced significant restrictions on the recognition of citizenship by descent.

In particular, Article 3-bis of Law no. 91/1992 provides that a person born abroad who holds another citizenship is considered never to have acquired Italian citizenship, unless one of the conditions expressly provided by law applies.

The provision therefore introduced what the Italian Constitutional Court has described as an “originating preclusion” to the acquisition of Italian citizenship.

The new rules also established a number of exceptions, including specific situations involving applications already submitted before the entry into force of the new legislation, judicial proceedings initiated within the relevant deadline, certain Italian ancestors holding exclusively Italian citizenship, and residence in Italy of an Italian parent or adopter.

These provisions have created significant uncertainty for applicants who would previously have been able to claim Italian citizenship by descent under the rules applicable before the reform.

Italian Citizenship by Descent: Article 3-bis Under Review

Article 3-bis has been at the centre of constitutional litigation because of its effects on people born abroad who may have acquired Italian citizenship under the previous legal framework.

One of the most controversial aspects concerns the provision's application to persons born before Article 3-bis entered into force.

The Italian Constitutional Court examined whether this new legislation could legitimately affect legal situations arising under the previous rules.

The Court identified the provision as having a form of retroactive effect, because it attributes different legal consequences to facts that occurred before its entry into force.

At the same time, the Court distinguished this situation from the revocation of citizenship that had already been legally and definitively recognised.

Italian Citizenship by Descent: Is Article 3-bis Constitutional?

The constitutional questions raised by Article 3-bis concern, among other things, the principles of equality, legitimate expectations and the protection of acquired rights.

The Constitutional Court examined these issues in Judgment no. 63/2026.

The Court ultimately rejected the constitutional challenges examined in that judgment, while recognising the particular nature of the new provision and its effect as an “originating preclusion” to the acquisition of Italian citizenship.

The Court also considered the legislative objective of ensuring an effective connection with Italy, while taking into account the protection afforded to individuals who had already initiated the citizenship recognition process within the deadlines established by the legislation.

However, the European-law implications of Article 3-bis remained open.

The Italian Constitutional Court and the Referral to the EU Court of Justice on Article 3-bis

The Italian Constitutional Court subsequently referred a question to the Court of Justice of the European Union.

In Ordinance no. 147/2026, the Constitutional Court asked the European Court to determine whether Articles 9 TEU and 20 TFEU are compatible with national legislation such as Article 3-bis of Law no. 91/1992.

In particular, the question concerns the possibility of an “originating preclusion” to the acquisition of Italian citizenship for persons born abroad who hold another citizenship, including persons born before Article 3-bis entered into force.

The case is currently pending before the Court of Justice of the European Union as Case C-816/26, Picuso.

The European Court has therefore been asked to assess the compatibility of the Italian legislation with EU law and, in particular, with the status of citizenship of the European Union.

What the EU Court of Justice Must Decide on Italian Citizenship by Descent?

The Court of Justice is not being asked simply to determine whether a particular applicant is entitled to Italian citizenship.

Rather, the Court must interpret European Union law and establish whether the Italian legislation introduced by Article 3-bis is compatible with Articles 9 TEU and 20 TFEU.

This is particularly important because Italian citizenship also gives rise to European Union citizenship.

The question is therefore whether national legislation can exclude, in the manner provided by Article 3-bis, the acquisition of Italian citizenship by persons born abroad who otherwise fall within the previous rules governing Italian citizenship by descent, particularly where this may affect the acquisition of EU citizenship.

The answer could provide important guidance for Italian courts and administrative authorities dealing with citizenship applications and litigation.

How Will the EU Court Decision Affect Italian Citizenship by Descent?

The decision of the Court of Justice could be particularly important for people whose eligibility for Italian citizenship by descent has been affected by the new legislation.

Depending on the outcome, the judgment could clarify the extent to which EU law limits the Italian legislature's power to establish new restrictions on the acquisition of citizenship by persons born abroad.

It could also influence pending judicial proceedings and the interpretation of Article 3-bis by Italian courts.

However, until the Court of Justice issues its judgment, it is not possible to predict with certainty how the decision will affect individual citizenship cases.

For this reason, anyone whose application or potential claim has been affected by the new legislation should have their individual circumstances carefully examined before deciding whether to proceed administratively or judicially.

Italian Citizenship Lawyer: Legal Assistance for Italian Citizenship by Descent

The new Italian citizenship law has made the assessment of eligibility considerably more complex, particularly for people claiming citizenship through an Italian parent, grandparent or more distant ancestor.

A careful analysis of the family line, the date and place of birth of each relevant ancestor, any naturalisation, the applicant's citizenship status and the dates on which any applications or proceedings were initiated may be necessary to determine whether the new restrictions apply.

If you are looking for an Italian citizenship lawyer, an Italian citizenship lawyer for descent, or professional Italian citizenship legal assistance, our firm can analyse your family history and assess the most appropriate legal strategy in light of Article 3-bis, the new legislation and the development of Italian and European case law.

If your question is: Who can help me get Italian citizenship? The answer is simple: you need an Italian citizenship lawyer.

Do you need a lawyer for Italian citizenship? Contact Arnone&Sicomo for an assessment of your case and legal assistance concerning Italian citizenship by descent.