Italy Sends Citizenship-by-Descent Dispute to EU Court Italy’s Constitutional Court announced on Thursday that it has referred a dispute over a law restricting citizenship by descent to the Court of Justice of the European Union. The decision, made public on June 9, suspends proceedings challenging Law 74/2025, also known as the Tajani Decree, which was enacted by Prime Minister Giorgia Meloni’s government in March 2025 and later approved by Parliament. The law replaces a previous system that allowed unlimited generational recognition of Italian citizenship by descent, requiring applicants to demonstrate closer ties to Italy. The new law imposes stricter criteria, including a generational limit and specific ties to the country, and has sparked legal challenges over its compliance with EU citizenship rules. The Constitutional Court’s order marks a shift from its earlier stance. In April, the same court had rejected a similar request to refer the matter to the European court, asserting that existing case law sufficed to determine the law’s legality. However, the court now acknowledges new challenges raised by courts in Mantua and Campobasso, suspending proceedings and sending the issue to Luxembourg for review. The central question is whether Article 3-bis of the law, which treats individuals born abroad—including those before the law’s enactment—as never having acquired Italian citizenship unless they fall under specific exceptions, complies with EU law. The case carries significant implications for Brazil, home to the largest Italian diaspora community outside Italy, estimated at 30 million people. For decades, Brazilians with distant Italian ancestry could seek citizenship recognition through administrative processes or lawsuits.#italy #constitutional_court #tajani_decree #court_of_justice_of_the_european_union #prime_minister_giorgia_meloni
Italy's Constitutional Court Upholds Citizenship Restrictions, Millions Lose Automatic Rights Italy's Constitutional Court ruled on March 13, 2026, that the 2025 law limiting citizenship by descent remains constitutional, effectively ending automatic recognition for millions of people with distant Italian ancestry. The decision confirmed that claims to Italian citizenship through great-grandparents or earlier generations are no longer valid unless specific residency conditions are met. The law, known as Law 74/2025 or the Tajani Decree, was implemented retroactively from March 27, 2025, and restricts jure sanguinis transmission to parents or grandparents born in Italy. The court cited state interests in preventing abuse, managing consular backlogs, and preserving citizenship integrity as justification for the restrictions. A full written ruling is expected to be released soon. The law was initially introduced as an emergency measure in March 2025 and later converted into permanent legislation in May of that year. It was designed to address overwhelming application volumes, with some consulates facing waits of decades, and concerns over the commercialization of passports. Foreign Minister Antonio Tajani described the law as essential for restoring order to the system. Approximately 80 million people worldwide claim Italian descent, with significant communities in Brazil, Argentina, and the United States. Many sought EU citizenship for benefits related to mobility, work, and travel. The new rules affect individuals born abroad with another citizenship unless they can prove a direct recent link to Italy. Grandparent-based claims remain valid only if the grandparent was born in Italy; earlier generations no longer confer automatic rights.#italy #constitutional_court #tajani_decree #antonia_tajani #palermo_court
