Italy’s 2025 Citizenship Reform (the “2025 Reform“) continues to generate significant legal developments. Within the span of just a few days, the Italian Constitutional Court and the Italian Court of Cassation (Corte di Cassazione), United Sections (Sezioni Unite), issued two important decisions that, while addressing different legal questions, both reinforce the evolving nature of Italian citizenship jurisprudence.
The Constitutional Court has referred key questions concerning the 2025 Reform to the Court of Justice of the European Union (CJEU), recognizing that aspects of the legislation require interpretation under European Union law before the Court can complete its constitutional review.
Shortly thereafter, the Court of Cassation issued an important judgment concerning the so-called “minor issue”, reaffirming fundamental principles governing citizenship acquired through jus sanguinis.
Although the two decisions address different legal questions, they both concern the legal nature of Italian citizenship acquired through jus sanguinis and the extent to which that status may be affected by subsequent legislation. Together, they demonstrate that the legal framework governing Italian citizenship by descent remains far from settled and continues to evolve through both constitutional and judicial review.
The Constitutional Court Refers the 2025 Reform to the Court of Justice of the European Union
The constitutional challenges to the 2025 Reform have now entered a new phase.
Rather than immediately ruling on the constitutionality of the legislation, with Order n. 147/2026, the Constitutional Court decided to stay the proceedings and refer several questions to the Court of Justice of the European Union.
The Court concluded that certain legal issues raised by the 2025 Reform cannot be resolved without first clarifying how European Union law applies.
This referral does not determine whether the 2025 Reform will ultimately remain in force or be declared unconstitutional. It does, however, confirm that the legal questions raised by the legislation extend beyond Italian constitutional law and require consideration within the broader framework of European Union law.
The Background to the 2025 Reform
For decades, Italian citizenship by descent has been interpreted consistently by both the Italian courts and the public administration.
Where Italian citizenship had been transmitted uninterruptedly from one generation to the next, descendants were generally considered Italian citizens from birth. Administrative proceedings before an Italian Consulate or judicial proceedings before an Italian court did not create citizenship; rather, they formally recognized a legal status that already existed.
The 2025 Reform significantly altered that framework by introducing new limitations on the ability of many descendants born abroad to reclaim Italian citizenship.
Almost immediately after its entry into force, the legislation became the subject of constitutional challenges before several Italian courts, giving rise to important questions concerning both its compatibility with the Italian Constitution and its relationship with European Union law.
The Constitutional Court’s Reasons for the Referral
Under European Union law, determining who possesses the nationality of a Member State remains primarily a matter for that Member State. Italy therefore retains the authority to determine who possesses Italian nationality.
Because Italian nationality automatically confers European Union citizenship, decisions concerning Italian citizenship may also affect rights protected under the European Union Treaties.
The Constitutional Court concluded that several issues raised by the 2025 Reform require an interpretation of European Union law before it can complete its constitutional review.
Accordingly, the Court activated the preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union, requesting guidance from the Court of Justice of the European Union.
Only after receiving that interpretation will the Constitutional Court proceed with its assessment of the constitutional legitimacy of the 2025 Reform.
The Legal Questions Before the Court of Justice of the European Union
Public commentary has often described the referral as a broad review of whether the 2025 Reform complies with European Union law. The questions referred by the Constitutional Court are considerably more nuanced.
At the center of the referral lies the legal nature of Italian citizenship by descent.
For decades, Italian courts have consistently held that a person satisfying the statutory requirements acquired Italian citizenship automatically at birth. Administrative proceedings before an Italian Consulate or judicial proceedings before an Italian court did not create citizenship; they simply recognized a legal status that already existed.
Against that background, the Constitutional Court has asked the Court of Justice to clarify whether European Union law permits the 2025 Reform to deny or limit the legal consequences of a citizenship status that, under the previous legal framework, had already arisen before the Reform entered into force.
Although the Court of Justice will not determine the constitutionality of the 2025 Reform itself, its interpretation of European Union law will assist the Constitutional Court in deciding whether the Reform may lawfully be applied to individuals whose claim to Italian citizenship arose before the legislation entered into force. That interpretation will guide the Constitutional Court in determining whether the 2025 Reform may lawfully affect individuals whose citizenship status arose under the legal framework that existed before the Reform entered into force.
In practical terms, one of the central issues is whether the 2025 Reform may affect individuals who, under the legal framework in force at the time of their birth, had already acquired Italian citizenship automatically through jus sanguinis, even though they are only now seeking to have their Italian citizenship formally recognized.
The Court of Cassation Reaffirms Fundamental Principles of Jus Sanguinis
Only days after the Constitutional Court’s referral, the Court of Cassation, sitting as the United Sections (Sezioni Unite), issued an important judgment concerning the so-called “minor issue” (Decision n. 24045 of July 26, 2026).
Although the Court of Cassation addressed a different legal question, its reasoning is likely to influence the broader discussion surrounding the 2025 Reform.
The Court reaffirmed that Italian citizenship acquired through jus sanguinis is acquired at birth and is not automatically lost merely because a parent subsequently acquires a foreign nationality.
The judgment does not address the constitutionality or validity of the 2025 Reform.
Nevertheless, it reinforces one of the fundamental principles underpinning decades of Italian citizenship jurisprudence: judicial and administrative proceedings recognize an existing legal status rather than create citizenship itself.
That same distinction now lies at the heart of the Constitutional Court’s review. Following the Court of Justice’s interpretation of European Union law, the Constitutional Court will determine whether the 2025 Reform may lawfully alter the legal consequences of a citizenship status that, under the previous legal framework, arose automatically at birth.
The Next Procedural Steps
The preliminary reference proceedings will now continue before the Court of Justice of the European Union.
The Court of Justice will not determine whether the 2025 Reform is constitutional. Instead, it will answer the legal questions referred by the Italian Constitutional Court concerning the interpretation of European Union law.
Once the Court of Justice has delivered its judgment, the case will return to the Italian Constitutional Court. Applying the interpretation provided by the Court of Justice, the Constitutional Court will then resume the proceedings and determine whether the 2025 Reform is compatible with the Italian Constitution and European Union law.
Given the nature of preliminary reference proceedings, a final decision is unlikely for many months.
The Implications for Individuals Reclaiming Italian Citizenship
Neither the Constitutional Court’s referral nor the Court of Cassation’s judgment determines the ultimate validity of the 2025 Reform.
Together, however, these two decisions confirm that Italian citizenship by descent continues to evolve through judicial interpretation.
For individuals seeking to reclaim Italian citizenship through their Italian ancestry, the legal framework remains dynamic. While the Constitutional Court’s referral leaves important questions surrounding the 2025 Reform unresolved, the Court of Cassation has reaffirmed longstanding principles that have shaped Italian citizenship by descent for decades.
While the ultimate outcome remains uncertain, these two recent decisions confirm that the legal debate surrounding the 2025 Reform is actively developing. Individuals seeking to reclaim Italian citizenship should continue to monitor these proceedings closely, as the forthcoming decisions of the Court of Justice of the European Union and the Italian Constitutional Court will play a significant role in shaping the future interpretation of Italy’s citizenship laws.
Considering an Application?
While the legal position continues to develop, families considering Italian citizenship by descent may wish to begin gathering the documents needed to establish their family line. Obtaining historical records often takes considerable time, particularly where multiple jurisdictions are involved.
Preparing documentation does not commit you to pursuing an application or legal proceeding. It simply ensures that you are well positioned to make an informed decision as the law continues to evolve.
At With_Papers, we closely follow legislative developments and judicial decisions affecting Italian citizenship law to provide informed, practical guidance to individuals and families pursuing Italian citizenship by descent.
For advice regarding Italian citizenship by descent or the implications of the 2025 Reform, please contact our team at With_Papers at 917-310-2246 or fill out our contact form or schedule a consultation today.