Italy: Constitutional Court refers the Law 74/2025 citizenship-by-descent reform to the EU Court of Justice

What changed

Italy's Constitutional Court has made public an order dated 9 June 2026 (Ordinanza n. 147/2026) that suspends the Mantua and Campobasso challenges to Law 74/2025 (the reform that added Article 3-bis to Law 91/1992) and refers a question to the Court of Justice of the European Union. The CJEU will examine whether applying the new citizenship-by-descent restrictions to people born before the law took effect complies with EU citizenship rules (Article 9 TEU and Article 20 TFEU).

Why it matters

This does not change who currently qualifies: Law 74/2025 stays in force, and the Constitutional Court had already upheld it in Judgment 63/2026 (deposited 30 April 2026). A future CJEU ruling could reshape how the retroactive limits apply, so pending descent cases may face a longer period of uncertainty. General guidance, not legal advice.