Italian Citizenship by Descent: Constitutional Court Appeals to EU

The Italian Constitutional Court (Consulta) has decided to bring a matter directly linked to the rules of Italian citizenship by descent before the Court of Justice of the European Union (CJEU). The information was disclosed by UIL Nazionale, an Italian labor union, based on local press reports, and resonates among the millions of Italian descendants seeking recognition of jus sanguinis outside Italy, especially in Brazil.

What happened

According to UIL Nazionale, the Consulta chose not to decide alone a controversy involving the criteria for transmitting citizenship by blood line and instead decided to refer the matter to the Court of Justice of the European Union. The move indicates that Italian constitutional judges identified, in the case analyzed, aspects that exceed domestic law and directly touch on principles of European community law, such as freedom of movement and equal treatment among EU citizens.

The Constitutional Court and the EU Court of Justice are distinct bodies with different competencies: while the Consulta judges the compatibility of Italian laws with the country's Constitution, the CJEU interprets and standardizes the application of European Union law among member states. By invoking the European court, the Consulta acknowledges that the subject of citizenship by descent has implications that go beyond Italian borders.

The case is part of the scenario of legal instability that has marked the matter since the entry into force of the Decreto Tajani (DL 36/2025, converted into Lei 91/1992), which significantly restricted access to citizenship via judicial and consular channels for descendants of more distant generations. To follow the developments, the Raízes Italianas portal maintains permanent coverage in News from Italy.

Why this matters for descendants in Brazil

Brazil is home to one of the largest communities of Italian descendants outside Italy, and much of this audience has been seeking for years the recognition of Italian citizenship by descent as a way to rescue family ties and obtain the rights of a European citizen. The changes made in 2025 had already generated strong legal uncertainty, by restricting the consular route to children and grandchildren of Italians and imposing new conditions for recognition through judicial channels.

Now, the Consulta's decision to involve the Court of Justice of the EU could have even greater weight on the future of the matter. Since CJEU decisions serve as a reference for interpreting community law in all European Union countries, a statement by the European court on citizenship criteria by descent can directly influence how Italy—and potentially other member states with similar legislation—treats the subject in the future.

For those who have cases in progress or intend to initiate recognition of Italian citizenship, the outcome of this case is a relevant point of attention. Changes in understanding in higher courts, whether Italian or European, have the potential to reconfigure deadlines, requirements, and the very viability of certain applications. Those following the issue closely can check the updated overview in the Italian Citizenship section of the portal.

It is worth remembering that, regardless of the outcome at the European level, applications already filed before the Decreto Tajani came into force remain protected by the rules in effect at the time of filing, as provided for in the decree itself. The discussion now brought to the CJEU concerns a distinct legal point, related to the compatibility of Italian rules with principles of European law.

Next steps

From now on, we await a formal statement from the Court of Justice of the European Union on the question presented by the Consulta. This type of proceeding, known as a preliminary ruling, typically takes months for the European court to analyze the case and issue its position—a period during which related proceedings in Italy may remain suspended or awaiting guidance.

Descendants of Italians with cases in progress, whether through judicial channels or in the document gathering phase, should monitor the next developments carefully. Decisions of this magnitude have a track record of directly impacting deadlines, documentary requirements, and even the procedural strategy adopted by those seeking citizenship recognition.

While the legal landscape unfolds, experts recommend that interested parties keep their documentary organization current, since gathering certificates is typically one of the most time-consuming stages of any citizenship recognition process. Those who need to locate documents in Italy can use specialized services in search for certificates in Italy, while general guidance on customs and bureaucracy in the country can be found in Life in Italy.

Conclusion

The decision by the Italian Constitutional Court to bring the matter of citizenship by descent to the Court of Justice of the European Union represents yet another chapter in the long and unstable recent trajectory of jus sanguinis rules. For Italian descendants in Brazil, the episode reinforces the need to closely follow each new legal development, as decisions made in European and Italian courts have shown real potential to alter the conditions of access to citizenship.

Want to know if you have the right to Italian citizenship? Speak with a specialized advisor.

Source: Italian Press