ITALIAN CITIZENSHIP • COURT UPDATE • JULY 2026
Italian Citizenship Update: Constitutional Court Refers the New Rules to the EU Court
On 23 July 2026, the Italian Constitutional Court issued an important new order concerning the restrictions introduced under Article 3-bis of Italy’s citizenship law.
The Court has asked the Court of Justice of the European Union (CJEU) to consider whether key parts of the new Italian citizenship rules are compatible with European Union law.
Quick clarity: this is a major and potentially positive development, but it is not yet a final victory. The Constitutional Court has not cancelled the new law, and the European Court has not yet ruled against it.
What exactly has happened?
The Constitutional Court has referred questions about Article 3-bis of Law No. 91/1992 to the European Court. Article 3-bis was introduced following the Italian citizenship reforms that began with Decree-Law No. 36/2025 and were later converted into Law No. 74/2025.
The European Court will now be asked to consider whether the disputed restrictions comply with EU principles, including the rules connected to European citizenship, proportionality and the protection of rights arising under EU law.
What the Court has not done
The Court has not declared Article 3-bis invalid, restored the previous rules for everyone or guaranteed that pending and future citizenship cases will succeed.
It has recognised that an important European-law question must now be examined by the CJEU.
What could happen if the European Court rules against the restrictions?
According to lawyer Marco Mellone, who discussed the decision shortly after it was published, a finding that Article 3-bis is incompatible with EU law could require Italian judges and administrative authorities to stop applying the incompatible provisions.
1 The European Court examines the questions
The CJEU will analyse whether the disputed Italian restrictions comply with European Union law. It may hold a hearing and receive legal submissions before giving its ruling.
2 The CJEU issues its interpretation
The European Court will not formally erase the Italian legislation from the statute book. It will determine how EU law applies and whether the disputed Italian provisions are compatible with it.
3 Italian courts apply the European ruling
If the provisions are found to be incompatible with directly effective EU law, Italian courts and authorities may be required to disapply them in the cases before them.
Important: Mellone expressed strong confidence in a positive European outcome, but that remains his legal assessment. No lawyer or citizenship provider can guarantee how the CJEU will rule.
What does this mean for people with cases already pending?
Mellone’s expectation is that many pending cases affected by the disputed rules will be suspended while the European Court considers the issue.
If your case is awaiting judgment
- Your court may decide to suspend the proceedings while awaiting the European ruling.
- A suspension is not an approval or a rejection—it means the final decision is postponed.
- Mellone believes suspension may protect applicants from receiving an immediate negative judgment based on the disputed rules.
- The handling of each case remains subject to the judge responsible for that proceeding.
If your case has already been rejected
- The European referral does not automatically cancel or reopen a negative judgment.
- It may, however, provide an important additional argument in an appeal.
- Appeal deadlines may continue to apply and should be checked immediately with the lawyer handling the case.
- The prospects, costs and risks of an appeal must be assessed individually.
Can people still begin a new citizenship process?
Yes. Mellone expressly stated that the new referral does not prevent people from preparing or filing new citizenship cases.
A newly filed case may also be suspended while the European Court considers the issue. However, Mellone’s view is that applicants now have more reason for hope than they did before this referral, because the Constitutional Court has formally recognised that there is a serious EU-law question to be resolved.
Mellone’s practical recommendation: do not assume waiting is safer
Mellone recommends that eligible applicants seriously consider starting their process sooner rather than later.
His concern is that the Italian Government may react to this development by introducing another decree, new eligibility conditions or different restrictions before the European Court delivers its judgment.
5) Why might starting now be preferable to waiting?
1 The legal landscape is more favourable than it was previously
For the first time in these proceedings, the compatibility of the restrictions with EU law has been formally referred to the European Court for consideration.
2 Starting does not always mean filing immediately
Eligibility checks, family-tree research, naturalisation searches, record collection, apostilles and document corrections can take months. Beginning this preparation now can place an applicant in a better position to act when the appropriate legal strategy is confirmed.
3 The Government may change the rules again
Mellone warns that Italy could introduce new restrictions before the CJEU gives its judgment. People who wait may therefore face a different legal framework from the one that exists today.
4 Each applicant needs an individual filing strategy
Starting now does not guarantee that filing immediately is right for every family. The correct approach depends on eligibility, the documents available, the relevant court, appeal deadlines and the risks created by future legal changes.
Our practical view: waiting for the final European judgment before doing anything may create unnecessary delay. Families who may qualify can begin their assessment and document preparation now, while receiving case-specific advice about when and how a claim should be filed.
How long could the European process take?
Mellone explained that an ordinary preliminary-reference procedure before the CJEU may take approximately one year to eighteen months.
He also said that he intends to request an accelerated procedure because of the unusually large number of applicants and pending cases affected. The Court itself will decide whether any expedited procedure is appropriate, so there is currently no guaranteed decision date.
Do not pause document preparation while waiting
Civil records, naturalisation evidence, corrections, apostilles and translations can take significant time to obtain. Starting this work does not guarantee eligibility or a successful claim, but it can prevent avoidable delays if your legal route becomes available.
What should applicants do now?
Existing clients
- Continue following the instructions of the lawyer responsible for your case.
- Do not assume your proceeding is suspended until this is confirmed for your specific case.
- Send us any new court notice or judgment as soon as it is received.
- If you received a negative judgment, request an immediate review of the appeal deadline.
New applicants
- Begin with a full eligibility and family-line assessment.
- Identify missing Italian and foreign civil records.
- Check naturalisation events and possible breaks in the citizenship line.
- Prepare documents while obtaining advice on whether and when to file.
The practical takeaway
This development creates a more hopeful legal environment, but it does not guarantee success and it does not automatically remove the current restrictions.
Mellone’s recommendation is clear: applicants who may qualify should seriously consider beginning their assessment and preparation now, rather than waiting passively for a European judgment while the Italian Government retains the ability to change the rules again.
Check Your Eligibility → Discuss Your Case
Legal and compliance notice: This update is provided for general informational purposes and does not constitute legal advice or a guarantee of eligibility, filing acceptance or a successful outcome. The European Court has not yet ruled on the compatibility of Article 3-bis with EU law. References to Marco Mellone’s comments describe his legal analysis and recommendations, not a binding decision of the Italian Constitutional Court or the CJEU. Court procedures, appeal deadlines and the law applicable to individual cases must be reviewed by a qualified Italian lawyer.
Sources: Italian Constitutional Court Order No. 147/2026, deposited 23 July 2026; Italian Constitutional Court communication of 23 July 2026; interview and legal commentary by Avv. Marco Mellone published on 23 July 2026.