Last week, the Italian Constitutional Court issued its ruling on the appeal filed against the “Tajani Decree” and the citizenship reform law, which introduced the two-generation limit for citizenship by descent.

Here is a clear breakdown of what happened and what it means for ongoing and future cases:

What Did the Constitutional Court Decide?

• From a National Law Perspective: The Court initially reaffirmed its March stance, considering the law legitimate from an international law standpoint.
• The European Twist: However, because the appeals raised serious questions regarding non-compliance with European Union law, the Constitutional Court decided to refer the matter to the Court of Justice of the European Union (CJEU).

What Happens Next & What is the Timeline?

• A New Waiting Period: We are officially back in a waiting phase pending the decision from Luxembourg. Until the European Court issues its ruling, all judicial proceedings in Italy will continue to be governed by the current reform law.
• Estimated Timeline: This will not be a quick process. Initiating and completing the full EU referral procedure typically takes no less than one year.

Initial legal commentary is partially positive:

• A Reopening of the Case: Unlike the March ruling—which strictly upheld the Tajani Decree and its generational limits for those born abroad—this referral to the EU Court provides a significant opening.
• The “Acquired Rights” Argument: In other EU member states, when citizenship restrictions were introduced, lawmakers provided a transitional grace period so that individuals born prior to the law could act to protect their rights. The CJEU has historically ruled in favor of citizens against absolute, abrupt limits.

For New Legal Challenges: We continue to advise extreme caution. While the prospects are slightly better than a couple of months ago—given the CJEU’s favorable track record regarding European citizenship rights—court outcomes are inherently unpredictable. There remains a high probability that Italian law could ultimately stand, resulting in the dismissal of newly filed petitions.

For Existing / Pending Petitions: It will depend on how individual Italian courts react (some courts suspended proceedings awaiting this ruling, while others issued dismissals). In the event of a negative ruling from a local court, filing an appeal will likely be necessary to prevent the rejection from becoming final before the CJEU issues its definitive decision.

We will continue to closely monitor all developments and collaborate with fellow legal experts to defend our clients’ rights.

Have questions about how this impacts your specific file? Book your free discovery call with one of our experts!