Italian Citizenship by Descent: What the EU Court's
Decision Could Mean for Your Application
The future of Italian citizenship by descent will no longer be decided solely in Italy.
In a landmark decision that could affect thousands of families of Italian descent around the world, the Italian Constitutional Court has referred one of the most controversial aspects of the 2025 citizenship reform to the Court of Justice of the European Union (CJEU).
The Court's ruling could determine whether the new restrictions introduced by Italian law are compatible with European Union law and, ultimately, determine the future of Italian citizenship by descent.
What Changed in 2025?
Until 2025, descendants of Italian citizens born abroad could obtain recognition of their Italian citizenship by proving an uninterrupted line of citizenship transmission through their family line.
However, Decree-Law No. 36/2025, later converted into Law No. 74/2025, dramatically changed these rules by significantly narrowing the category of people eligible to have their Italian citizenship recognized.
The most controversial aspect of the reform is that these restrictions also apply to individuals who were born decades before the law came into force—people who would have qualified for Italian citizenship under the previous legislation.
In other words, individuals who were previously eligible suddenly became ineligible without any transitional protection.
Unlike several other European countries that have reformed their citizenship-by-descent laws, Italy did not introduce a transitional period allowing eligible individuals to apply under the previous rules.
Why Is the European Union Involved?
The issue is no longer purely a matter of Italian constitutional law.
Because Italian citizenship automatically grants European Union citizenship, several Italian courts have questioned whether the new legislation is compatible with EU law.
In particular, the case concerns Articles 9 of the Treaty on European Union (TEU) and 20 of the Treaty on the Functioning of the European Union (TFEU), which govern European Union citizenship.
At the heart of the case is one key question:
Is it compatible with EU law for a Member State to deny recognition of Italian citizenship to individuals born abroad before the 2025 reform, who would have qualified under the previous legislation, thereby also preventing them from acquiring European Union citizenship?
It is relatively uncommon for questions concerning the citizenship laws of an EU Member State to be referred to the Court of Justice of the European Union. For this reason, the Court's decision will be particularly significant, as it will clarify the extent to which Member States may change their citizenship laws when those changes also affect access to EU citizenship.
What This Means for You
If your Italian ancestor is a parent, grandparent, great-grandparent, or an even more distant ancestor, and you would have qualified under the rules in force before the 2025 reform, the outcome of this case could directly affect your eligibility for Italian citizenship.
For this reason, many applicants are already preparing their documentation rather than waiting for the Court's final decision.
Key Milestones
- March 28, 2025: The new Italian citizenship by descent law entered into force.
- July 23, 2026: The Italian Constitutional Court referred the case to the Court of Justice of the European Union.
- Late 2027 (estimated): The Court of Justice is expected to issue its interpretation of EU law.
- Afterward: The Italian Constitutional Court will issue its final decision on the constitutionality of the Italian legislation in light of the CJEU's ruling.
What Could Happen Next?
At this stage, it is impossible to predict how the Court of Justice of the European Union will rule. However, the main possible outcomes include:
Scenario 1 – The Reform Applies Only Prospectively
The Court could conclude that the new restrictions cannot be applied to individuals who were already born before the 2025 law came into force.
Scenario 2 – A Transitional Application Window Is Introduced
The Court's ruling could lead to the introduction of a temporary application window, allowing individuals who would have qualified under the previous legislation to submit their applications. Similar transitional measures have already been adopted by several European countries when implementing comparable citizenship reforms.
Scenario 3 – The Current Law Remains in Force
The Court could find that the Italian legislation is compatible with EU law, allowing the restrictions introduced by the 2025 reform to remain in force.
These are, of course, only possible scenarios. The future of Italian citizenship by descent will become clear only after both the Court of Justice of the European Union and the Italian Constitutional Court have issued their decisions.
What Does This Mean for People Applying for Italian Citizenship?
If you believe you would have qualified for Italian citizenship under the legislation in force before the 2025 reform, waiting may not be the best strategy.
There are three reasons why preparing your application now may be beneficial:
- It could be your last opportunity to apply under the previous rules if a transitional application window is eventually introduced.
- Any transitional period may be very limited. If such a window is created, a large number of applications could result in significant delays and processing backlogs.
- Beginning in 2029, Italian law will introduce an annual cap on the number of citizenship-by-descent applications that may be submitted. Filing your application before this system comes into effect could therefore provide a significant advantage.
Naturally, no one can predict the outcome of the proceedings before the Court of Justice of the European Union. However, given the possible developments and the additional restrictions already established by law, delaying your application could mean missing an important opportunity or facing substantially longer waiting times.
Schedule Your Free Consultation
If you believe you may qualify for Italian citizenship by descent, now is the time to understand your options.
BOOK A 100% FREE CONSULTATION CALL TODAY with AcrossBoundaries.
Our team of experienced Italian citizenship lawyers and dual citizenship specialists will guide you through every stage of the process—from assessing your eligibility and gathering the necessary documentation to preparing and filing your application.
Our services include:
- Personalized Legal Strategy tailored to your family's unique circumstances.
- A Fully Digital Process, allowing you to manage your application securely from anywhere in the world.
- Comprehensive Case Management, with dedicated support from start to finish.
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- Complete Document Preparation, ensuring that every document complies with Italian legal requirements.
- Dedicated Support Throughout the Entire Process, providing clear guidance and peace of mind every step of the way.
We're here to make your journey to Italian citizenship as smooth and straightforward as possible.
Article written on July 27th 2026
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