Italy’s controversial restrictions on citizenship by descent are facing a new legal challenge after the country’s Constitutional Court referred questions surrounding the legislation to the European Court of Justice (ECJ).
The move could reopen a battle that appeared to have suffered a major setback earlier this year, when Italy’s Constitutional Court upheld Law L74/2025, which introduced a two-generation limit for citizenship applications based on Italian ancestry.
The legislation affected descendants living outside Italy who had been seeking citizenship through their family lineage. Many applicants had already invested significant amounts of money in genealogical research and legal proceedings before the new restrictions took effect.
Hundreds of legal challenges were subsequently dismissed. However, the Constitutional Court has now suspended new challenges brought by regional judges while asking the ECJ to consider whether the Italian law complies with European Union rules.
Lawyers involved in the case have described the referral as a significant development, although the Constitutional Court has maintained that it believes the legislation is compatible with EU law.
The legal dispute centres partly on whether people born to Italian ancestors can be considered Italian citizens whose citizenship was never formally recognised, an argument supported by previous European case law, according to lawyers representing applicants.
If the ECJ ultimately rules against the legislation, the law could be invalidated and Italy would have to consider new legislation that complies with EU requirements.
The citizenship issue is also being challenged through other legal proceedings in Italy, including a separate case concerning restrictions introduced in 2024.
For descendants of Italian emigrants, the latest referral offers another opportunity to challenge the restrictions, although the final outcome will depend on the European court’s assessment.
Main Image: CNN
