Order 147/2026 And Iure Sanguinis Citizenship: Referral To The CJEU

Order 147/2026 and iure sanguinis citizenship: referral to the Court of Justice of the European Union.

The reform of Italian citizenship iure sanguinis has reached the Court of Justice of the European Union (CJEU).

With Order No. 147, filed on 23 July 2026, the Constitutional Court asked the CJEU to clarify whether the new restrictions introduced by Article 3-bis of Law No. 91/1992 are compatible with European Union citizenship.

The law has not been annulled and continues to apply, but the constitutional proceedings remain suspended pending the European judges’ response.

The central issue in the debate concerned people who were born abroad and hold another citizenship.

The judges in Mantua and Campobasso argue that the new rules, since they also apply to people born before the reform, may retroactively affect situations that had already arisen.

The objections raised primarily concerned constitutional legitimacy, but the Court of Campobasso also invoked the European Union law dimension, essentially asking whether the provision (Article 3-bis) was compatible with Articles 9 TEU and 20 TFEU.

The TEU, Treaty on European Union, and the TFEU, Treaty on the Functioning of the European Union, are the principal sources of EU primary law. Article 9 TEU and Article 20 TFEU establish that every person holding the nationality of a Member State is a citizen of the Union.

Article 9 TEU also specifies that Union citizenship is additional to national citizenship and does not replace it.

What Article 3-bis provides on iure sanguinis citizenship

The 2025 reform introduced new restrictions on the recognition of Italian citizenship by descent.

Under Article 3-bis of Law No. 91/1992, a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship, unless one of the conditions expressly provided for by law applies.

The rules also apply to people born before 28 March 2025.

It is precisely this application to situations predating the reform that represents one of the most debated aspects before the Constitutional Court.

Who the new restriction applies to

As a general rule, the restriction affects descendants of Italian citizens who:

• were born abroad;
• hold another citizenship;
• do not fall within the exceptions provided for by Article 3-bis;
• did not submit an administrative or judicial application within the deadlines established by the transitional rules.

It is therefore not sufficient to prove the existence of an Italian ancestor. It is necessary to verify the generational distance, the citizenship held by the closest ancestors, any period of residence in Italy by the parent, and the dates of applications or consular appointments.

Each case must be assessed on the basis of the available genealogical, civil-status and administrative documentation.

What exceptions are provided for by law

Article 3-bis does not absolutely exclude the recognition of iure sanguinis citizenship for people born abroad.

In summary, the legislation currently in force provides for the following exceptions:

• a complete administrative application submitted by 11:59 p.m. on 27 March 2025;
• an application submitted on the date of the appointment, if the appointment had been communicated by that deadline;
• a judicial application filed by 11:59 p.m. on 27 March 2025;
• a first- or second-degree ancestor who held exclusively Italian citizenship;
• a parent or adoptive parent who resided in Italy for at least two continuous years after acquiring Italian citizenship and before the child’s birth or adoption.

The existence of any one of these conditions may decisively alter the rules applicable to the case.

However, not all applications submitted before the reform automatically fall within the exemptions: compliance with the specific conditions laid down by law must be verified.

Order 147/2026: what the Constitutional Court decided

The Court considered it necessary to ask the Court of Justice of the European Union (CJEU) whether a provision that prevents, from the outset, the acquisition of Italian citizenship by a person born abroad who holds another citizenship is compatible with European Union law.

The referral reflects the principle of sincere cooperation and the CJEU’s role in ensuring the uniform interpretation of European Union law.

The ruling follows the approach taken in Judgment No. 63/2026, in which the Court had already characterised Article 3-bis as an original bar to the acquisition of citizenship, rather than as the revocation of a status already acquired and recognised.

In summary. The Constitutional Court asked the CJEU whether Articles 9 TEU and 20 TFEU allow a Member State to introduce rules under which national citizenship is deemed never to have been acquired by people born abroad, including before the reform entered into force, who hold another citizenship and do not fall within the exceptions provided for by law.

The difference between revocation and an original bar

One of the central points of the debate concerns the legal characterisation of the effects produced by Article 3-bis.

According to some of the judges who referred the question, the provision would retroactively affect a status already acquired at birth under the previous rules governing iure sanguinis citizenship.

The Constitutional Court, by contrast, construed the provision as an original bar to the acquisition of citizenship.

The Court explains that revocation operates on a status that has already been acquired, whereas Article 3-bis, according to its interpretation, operates ex tunc, that is, from the outset.

For this reason, it uses the wording “is deemed never to have acquired Italian citizenship”, which the Court considers consistent with a situation in which the status was not yet legally certain or formally recognised.

The Constitutional Court’s position

The Court referred to Judgment No. 63/2026, in which it had already characterised Article 3-bis as an original bar to acquisition rather than a revocation of citizenship.

According to the interpretation adopted by the Constitutional Court, the provision does not revoke citizenship that has already been formally established but prevents the status from being recognised from the outset in respect of those subject to the new rules.

First with Judgment No. 63/2026 and then with Order No. 147/2026, the Constitutional Court addressed a new body of rules that has not yet become fully settled in case law: the rules introduced by the 2025 reform on iure sanguinis citizenship.

In this context, the Court considered it necessary to assess not only the provision’s compatibility with the Constitution, but also its relationship with European Union law, referring the matter to the Court of Justice of the European Union.

The objections raised by the Courts of Mantua and Campobasso

The referring judges questioned the legitimacy of the new rules insofar as they also apply to people born before the 2025 reform entered into force.

According to the Courts of Mantua and Campobasso, Article 3-bis may retroactively affect situations that had already arisen under the legislation previously applied.

Indeed, iure sanguinis citizenship was traditionally regarded as acquired at birth by virtue of descent from an Italian citizen, even where subsequent recognition took place through administrative or judicial proceedings.

From this perspective, now treating such people as persons who never acquired Italian citizenship could undermine the legitimate expectations placed in the rules in force at the time of birth and affect legal positions formed before the reform.

The Court of Campobasso also raised a question concerning European Union law.

Since Italian citizenship also entails the acquisition of Union citizen status, the court asked whether a restriction applied generally, without an assessment of the consequences produced in the individual case, is compatible with Articles 9 TEU and 20 TFEU.

The objections raised by the referring judges therefore focus on two main aspects: the application of the new rules to people born before the reform and their possible effects on the acquisition of European Union citizenship.

What the Constitutional Court says about EU citizenship

From an EU law perspective, the Court considers the link between national citizenship and Union citizenship.

It reiterates that, as a general rule, when a Member State takes measures affecting nationality, the effects on European Union citizenship must also be considered.

In Judgment No. 63/2026, it had already held that, in that specific case, the CJEU judgments concerning loss of citizenship were not relevant because they concerned situations in which status had already been established and was subsequently revoked or lost.

In the present situation, however, it asks whether such a broad and retroactive bar to acquisition may affect Union citizen status in a manner incompatible with EU law.

Why the Court decided to refer the matter to the CJEU

Order 147/2026 marks a further step because the Court, while maintaining its interpretation of Article 3-bis as an original bar, considers it necessary to obtain clarification from the Court of Justice on the compatibility of the rules with Articles 9 TEU and 20 TFEU.

One aspect of the issue remains open and was not resolved in the previous proceedings (Judgment No. 63/2026).

The doubt concerns the application of the restriction also to those who were born before the reform entered into force, hold another citizenship and did not submit an administrative or judicial application within the deadlines laid down by the transitional rules.

Order No. 147/2026 therefore does not simply represent a straightforward continuation of the previous ruling.

The Court:

• maintains its interpretation of Article 3-bis;
• continues to regard the provision as a restriction rather than a revocation;
• nevertheless decides, in the spirit of sincere cooperation and in order to obtain an interpretation of EU law, to refer the matter to the CJEU.

What changes now for those applying for Italian citizenship

Order No. 147/2026 opens a period of waiting but does not immediately change the legislation currently in force.

Anyone intending to apply for iure sanguinis citizenship must continue to take account of the requirements and restrictions introduced in 2025.

The immediate effect is the suspension of the constitutional proceedings pending the CJEU’s response.

For other pending proceedings, any suspension depends on the relevance of the European law issue and on the decision of the competent judge.

Once the European judges have provided their response, the Constitutional Court will be able to resume the proceedings and assess the questions raised by the Courts of Mantua and Campobasso in light of the interpretation provided by the CJEU.

Immediate effects of the order

• Suspension of the constitutional review proceedings: the constitutional review proceedings remain suspended until the CJEU has determined the preliminary question. The continuation of other proceedings depends on the subject matter of the claim, the issues raised and the decisions of the competent judge.

• No direct amendment to the law: the order does not annul, amend or suspend the effectiveness of Article 3-bis. The rules therefore continue to apply.
• Administrative practice: since Article 3-bis remains in force, consulates and civil-status offices are, as a general rule, required to apply the current rules, without prejudice to any measures adopted in individual proceedings.

In some cases, the judge may consider it necessary to await the CJEU’s ruling. In others, proceedings may continue where they concern different issues or where the applicant’s position clearly falls within one of the exceptions provided for by law.

What Order No. 147/2026 does not decide

It is important to distinguish the referral to the CJEU from the effects of a final decision.

The order:

• does not annul the citizenship reform;
• does not automatically suspend the effectiveness of Article 3-bis;
• does not reopen the 27 March 2025 deadline;
• does not automatically result in the suspension of all proceedings concerning iure sanguinis citizenship;
• does not resolve the separate minor issue.

What descendants of Italian citizens need to assess

Before starting or continuing a procedure, it is advisable to verify:

• when the applicant was born;
• which other citizenship the applicant holds;
• whether the parent or grandparent held exclusively Italian citizenship;
• whether a parent resided in Italy for at least two years under the conditions laid down by law;
• whether an administrative or judicial application was submitted by 27 March 2025;
• whether there were any naturalisation events or losses of citizenship in the line of descent;
• whether the case involves a possible minor issue.

These elements make it possible to determine whether the case is governed by the new rules or may fall within the exceptions or the rules previously in force.

Judgment 24045/2026 on the minor issue

Among the recent rulings on iure sanguinis citizenship, Judgment No. 24045 of 26 July 2026 of the Joint Sections of the Italian Supreme Court of Cassation is also significant.

The decision addresses an issue distinct from the one referred to the CJEU: the so-called minor issue, concerning the effects of the naturalisation or loss of Italian citizenship of a parent on a minor child born abroad.

The Joint Sections held that a minor born abroad who is an Italian citizen iure sanguinis and, at the same time, a citizen of the country of birth (iure soli), retains Italian citizenship even when the parent becomes naturalised as a foreign citizen or loses Italian citizenship.

According to the Supreme Court of Cassation, Article 12 of Law No. 555/1912 can apply only to a minor who held exclusively Italian citizenship and subsequently acquired foreign citizenship derivatively.

It does not apply, however, to a minor who was already a dual national from birth, who is protected by Article 7 of the same law.

The judgment also clarified that Article 3-bis, introduced in 2025, does not apply to judicial applications for a declaration of citizenship filed before 11:59 p.m. on 27 March 2025, which remain governed by the previous legislation.

The ruling therefore provides favourable clarification for applicants involved in disputes concerning the minor issue that are still governed by the previous rules, but it does not resolve the separate question of the compatibility of Article 3-bis with European Union law.

The connection between the two decisions shows how important it is to examine separately:

• whether the 2025 reform applies;
• the continuity of the line through which citizenship was transmitted;
• the existence of a minor issue;
• the filing date of the judicial application;
• any exceptions provided for by Article 3-bis.

Why contact a law firm

Order No. 147/2026 does not definitively resolve the issue of Italian iure sanguinis citizenship but opens a decisive stage before the Court of Justice of the European Union.

The current legal framework requires an assessment that goes beyond simply identifying an Italian ancestor.

It is necessary to reconstruct the entire line of descent, verify naturalisations, establish the citizenships held by the minors involved and identify the applicable legislation according to the date of the application.

Order No. 147/2026 and Judgment No. 24045/2026 concern different issues, but both confirm the importance of a legal and documentary reconstruction of each individual case.

The Immigration Law Department of Boccadutri Law Firm can review the available documentation, reconstruct the line of descent and assess how the 2025 reform, the related exceptions and the most recent case law affect the applicant’s position.

If the iure sanguinis citizenship application was submitted before or after 27 March 2025, or if the case involves a possible minor issue, you can contact our lawyers for an assessment of the documentation and the applicable rules.

FAQ

Has the Constitutional Court annulled the citizenship reform?

No. Order No. 147/2026 did not declare Article 3-bis unconstitutional. The Court suspended the proceedings and asked the CJEU to clarify whether the rules are compatible with Articles 9 TEU and 20 TFEU.

Is the law on iure sanguinis citizenship still in force?

Yes. Until a new decision is issued, Article 3-bis of Law No. 91/1992 continues to apply. The referral to the CJEU does not automatically suspend its effectiveness.

What will the CJEU have to decide?

The CJEU will have to clarify whether European Union law permits rules that prevent, from the outset, the acquisition of Italian citizenship by certain people born abroad, including before the reform, where they hold another citizenship and do not fall within the exceptions provided for by law.

Are all proceedings concerning Italian citizenship suspended?

No. The order suspends the joined proceedings before the Constitutional Court. The decision on whether other proceedings should continue or be suspended lies with the competent judges and depends on the substance of each individual claim.

Does the order reopen the 27 March 2025 deadline?

No. The order does not reopen the deadline and does not introduce new exceptions. The conditions laid down by Article 3-bis remain applicable, subject to any future intervention by the CJEU, the Constitutional Court or the legislature.