Decreto Tajani goes to the Constitutional Court and the Court of Justice of the European Union

The Tribunal of Avellino has referred questions about the so-called Decreto Tajani to the Italian Constitutional Court and formulated questions regarding compatibility with the Court of Justice of the European Union, questioning the compatibility of article 3‑bis of Law No. 91/1992 (reform of 2025) — which restricted the recognition of Italian citizenship by bloodline for those born abroad — with the Constitution and with EU law, according to a report by Italianismo.

What is at stake

The core of the debate is the interpretation and validity of article 3‑bis of Law No. 91/1992, introduced by the 2025 reform (known as Decreto Tajani — DL 36/2025, converted into Law 74/2025). The provision restricted the possibility of recognizing Italian citizenship iure sanguinis for those born outside Italy, creating limits for generations born abroad.

The controversy centers particularly on the impact of these restrictions on people born before the reform’s entry into force, in a context where previous Italian jurisprudence typically recognized citizenship jure sanguinis desde la nascita. The central question is whether the new law can effectively apply retroactively to strip from the status of Italian those who already possessed it from birth — a sensitive issue with direct material effects on civil rights.

According to Italianismo, an ordinance arising from the Tribunal of Avellino addresses, among other points, issues relating to minors and the so-called doppia pregiudizialità.

Procedures and courts involved

The Tribunal of Avellino decided to bring constitutional questions and European Union law questions to higher courts simultaneously. Italianismo’s report describes procedural elements and cites the concept of doppia pregiudizialità — i.e., the simultaneous existence of internal constitutional questions and compatibility questions with European law, which may require coordinated decisions between national and European instances.

Verification note: the cited matter contains references to registration numbers and names of judges and lawyers. These data were reproduced by the report, but for journalistic and legal accuracy, concrete procedural acts (ordinanza numbers, requests directed to CJUE on specific dates, names of judges) should be confirmed in primary sources (court documents or official orders) before being presented as firm facts.

Legal status and immediate effects

The filing of constitutional and/or European compatibility questions does not, by itself, automatically suspend the law in general. Law No. 74/2025 (DL 36/2025, Decreto Tajani) remains in force while courts examine the raised points, unless a precautionary measure is adopted by a competent court in specific cases.

Practically, this means that, for now, there is no automatic change in the rules for recognizing citizenship for new applications, absent a judicial decision or specific precautionary measure to the contrary.

The aim of the proceedings is to delineate the limits of application of the Decreto Tajani — for example, to examine whether the law can have retroactive effects to the birth that remove the status of Italian from those born with that right, or whether constitutional and/or European safeguards prevent such retroactivity. The discussion also touches on procedural aspects, such as the validity of earlier judicial and administrative decisions and the effects on minors.

Relevance for Brazilian descendants of Italians

The decisions arising from these procedures could directly affect many Brazilians who claim Italian citizenship by descent. Two points deserve attention:

• If the courts confirm that the new restrictions apply retroactively to birth, this could affect substantive rights that some people have claimed since birth.
• If national jurisprudence or the CJUE recognizes limits to retroactivity or identifies conflicts with European norms, this could open judicial and procedural avenues for applicants born before the reform.

The simultaneous progression in Italian and European courts — the so-called doppia pregiudizialità — can affect timelines, procedural strategies, and arguments used by attorneys in Brazil and Italy. Those seeking to monitor these changes should consult official decisions from the Constitutional Court and the CJUE and seek up-to-date legal guidance.

Short-term changes

• The law remains in effect until a decision declares it unconstitutional or incompatible with EU law; courts may, however, adopt precautionary measures in concrete cases.
• Proceedings filed before the entry into force of Decreto Tajani may be subject to protections provided by the decree itself in certain circumstances; the extent of this protection depends on interpretation and judicial application.
• For those pursuing citizenship recognition, the practical importance of these court actions is to clarify whether applicants born before the reform will retain the recognition accorded by prior jurisprudence.

Conclusion The forwarding of the Tribunal of Avellino to the Constitutional Court and references to the CJUE place Decreto Tajani at the center of a debate that blends constitutional law and European Union law, with potentially significant effects on citizenship by descent. Decisions that follow will be decisive in determining how far the 2025 restrictions can be applied to people born before the reform, especially minors and descendants living outside Italy. Stay updated by consulting official decisions and primary sources, in addition to reporting like Italianismo.

Source: Italianismo