Italian Citizenship: Luxembourg Opens Written Phase, Sets 70 Days

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.

According to Insieme, once the written phase concludes after the 70-day deadline, the Court of Justice of the European Union will designate the judge-rapporteur and the advocate general responsible for the case. However, the holding of an oral hearing is not automatic: it is up to the Court itself to decide whether a public hearing is necessary before issuing its final decision, or whether the case can proceed based solely on the written submissions. Insieme's report also confirms that attorneys Ricardo De Simone, Marco Mellone, and La Malfa will represent the defense in case C-816/26, following the proceedings in Luxembourg. Those who want to follow developments in this case and other related topics can check the News from Italy published periodically by Raízes Italianas. ## Why the case matters to Italian descendants in Brazil The decision the Court of Justice of the European Union reaches in case C-816/26 has the potential to define the scope of the restrictions imposed by the Italian citizenship reform by descent, particularly regarding the compatibility of these rules with European Union law and principles. For Brazilians seeking recognition of Italian citizenship through ancestry, the outcome of the ruling could directly influence the criteria that will — or will not — apply to applicants who fall outside the generational limits established by the reform. Since Italy is a member of the European Union, decisions by the Court of Justice based in Luxembourg have binding effect on the interpretation of Italian rules whenever a matter of European Union law is involved. While the case is pending, experts recommend that interested parties keep their documentation organized and, if possible, begin the search for records in Italy right away, a step that is independent of the outcome of the legal dispute in Luxembourg. Information on what daily life is like for those who already live in Italy can also be found in the Life in Italy section of Raízes Italianas. The case continues to be closely monitored by those with a direct interest in the matter, since the Court of Justice of the European Union's final decision is expected to take months, given the procedural steps still pending review. Want to know if you're eligible for Italian citizenship? Talk to a specialized consulting service. Source: Insieme