Italian Citizenship: Luxembourg Opens Written Phase, Sets 70 Days
EU Court of Justice notifies parties in case C-816/26 on Italian citizenship; 70-day deadline set for written arguments to be submitted.
The Court of Justice of the European Union, based in Luxembourg, notified the parties this week in case C-816/26, known as the "Picuso" case, kicking off the written phase of the dispute that addresses central points of the Italian citizenship reform by descent. According to Insieme, this development could have a direct impact on thousands of descendants of Italians in Brazil who are seeking recognition of Italian citizenship.
What happened in Luxembourg
On August 26, the Court of Justice of the European Union formally notified the parties involved in case C-816/26 about the opening of the written phase of the proceedings. According to Insieme, the notification establishes a non-extendable deadline of two months and ten days — equivalent to 70 days — for the parties to submit their written briefs containing the legal arguments in the case.
The notification document expressly cites Article 23 of the Statute of the Court of Justice of the European Union and Article 51 of the Court's Rules of Procedure, provisions that govern the written submission procedure in cases that reach Luxembourg through preliminary reference. This is a formal but decisive procedural stage, since it is at this point that the technical arguments that will guide the ruling are presented to the Court.
Those who follow this topic through Raízes Italianas know that case C-816/26 has gained notoriety for ultimately addressing the scope of the changes brought about by the Italian citizenship reform by descent and its compatibility with principles of European law.
Who can submit observations in the case
According to Insieme, the Court of Justice of the European Union's procedure allows for a broad but limited range of participants authorized to submit written observations in case C-816/26. The following may submit observations:
- The parties to the national proceedings that gave rise to the preliminary reference;
- The 27 member states of the European Union;
- The European Commission.
In addition, the European Parliament, the Council of the European Union, and the European Central Bank may also participate in the written phase, provided they demonstrate a direct interest in the matter under discussion.
An important point highlighted by Insieme is that associations, private entities, and civil society organizations do not have standing to intervene directly in the case before the Court of Justice of the European Union. Participation is restricted to the public and institutional bodies listed in the Court's Statute, which limits the procedural debate to national governments and the European Union's own institutions.
Origin of the case and next steps
Case C-816/26 originates from ordinanza no. 147, dated July 23, 2026, through which the Italian Constitutional Court referred preliminary questions to the Court of Justice of the European Union regarding the new citizenship rules established by the Italian legislative reform. The ordinanza is the instrument by which a national court — in this case, Italy's own Constitutional Court — asks the European court how certain rules should be interpreted in light of European Union law.
