Italian Citizenship Reform Faces Potential European Court Intervention
Qwenews.com – Millions of Italian descendants worldwide witnessed their hopes for European passports dashed in March 2025 when Rome enacted legislation imposing a rigid two-generation limit on citizenship by descent. The sudden policy shift effectively blocked countless families who had already invested substantial resources into genealogical research and legal proceedings. However, a remarkable judicial reversal has breathed new life into efforts to challenge this controversial measure.
Italy’s Constitutional Court initially validated the stringent L74/2025 statute, resulting in the dismissal of numerous appeals from affected applicants. Yet upon closer examination, the court dramatically altered its position. The highest judicial body has now paused ongoing challenges from regional courts and forwarded the matter to the European Court of Justice for evaluation of whether European legal standards were violated.
Legal Experts Celebrate the Reversal
Marco Mellone, one of four lawyers representing applicants during the June proceedings, characterized the development as a complete about-face.
It’s a 180-degree change of direction. It’s a confession that they made a mistake in March.
Corrado Caruso, a Bologna University law professor who presented arguments before the court, expressed surprise at the outcome.
I didn’t expect it because we’d requested a referral in the previous hearing but the court denied it. So it’s a positive step because it means the court has some doubts. I think there was a change of mind.
Monica Restanio, another attorney involved in the case, described the development as exceeding expectations.
It’s the best news that we could have got, and much better than what I was expecting… they are putting everything back in play.
European Legal Precedent Favors Descendants
Although Italian judicial authorities maintain confidence that the legislation aligns with European Union regulations, Mellone interprets the referral as an implicit acknowledgment of error. Historical European decisions have consistently determined that citizenship cannot be withdrawn without proper notification, without disproportionate impact, or through sudden comprehensive action.
They had the chance to refer it three months ago and didn’t, it’s clear they changed their opinion. They’ve been brave. The law was completely against 30 years of case law at the ECJ.
Restanio emphasized that European jurisprudence typically supports descendants,
establishing the need for adequate notice and individual assessment
before implementing restrictions on citizenship by descent. Rather than following this guidance, Italy advanced L74/2025 without prior warning, abruptly terminating applications from thousands of individuals already in progress.
The legislation prohibits dual citizens residing outside Italy from transmitting nationality to subsequent generations and mandates the two-generation limitation. Hundreds of Italian descendants have subsequently lost court battles contesting the reform, which also addresses questions of whether claimants were born Italian citizens with unrecognized status.
Looking Ahead to European Court Decision
Should the European Court of Justice rule unfavorably toward the Italian law, the entire statute would be invalidated, requiring Rome to draft new legislation consistent with EU requirements. Caruso suggested the court may have acted hastily in March when rejecting the referral request, noting that recent unrelated decisions have demonstrated particular sensitivity to European Union perspectives.
Additional legal challenges continue progressing through Italian courts. Italy’s supreme court reviewed the so-called “minor issue” in April, examining a 2024 provision that further constrains citizenship by descent. Restanio indicated she awaits that final determination
with great serenity.
Mellone characterized the constitutional court’s referral as unprecedented, marking the first occasion an Italian court acknowledged potential flaws in the new legislation.
This is a good sign. We were almost dead. Now we restart our battle.
