Italy: Avellino court sends the 2025 reform's effect on minor children to both the Constitutional Court and the EU Court of Justice

Another Italian court has asked higher courts to review how the 2025 citizenship reform treats minor children born abroad. This is a referral, not a ruling, and the law has not changed.

What happened

According to Revista Insieme, the Tribunale di Avellino issued two orders in September 2026. In both cases a parent's Italian citizenship by descent had been confirmed in court, and the town hall then refused to transcribe the birth of the children under art. 3-bis of Law 91/1992.

• 15 Sep 2026 (RG 1842/2026, Comune di Solofra): question referred to the Constitutional Court, registered there as no. 172/2026.

• 18 Sep 2026 (RG 1926/2025, Comune di Montoro, four Brazilian minors): referred at the same time to the Constitutional Court and to the Court of Justice of the European Union, adding the EU Charter rights to family life and the best interests of the child.

Context

These join cases already pending, including the Constitutional Court's own referral to the EU Court (ordinanza 147/2026, from Mantova and Campobasso). In that order the Constitutional Court said it still considers art. 3-bis consistent with EU case law. It referred the question only out of loyal cooperation with the EU Court.

What it means for applicants

Nothing changes yet. Art. 3-bis still applies to consulates and town halls. Families in a similar position may want to follow these cases with a lawyer, but should not treat a referral as a sign that the law will be struck down.