Italian Citizenship: Case Goes to EU Court of Justice

A case involving the rules for recognizing Italian citizenship by descent has reached the Court of Justice of the European Union (CJEU), according to the Portuguese press. The dispute is related to the criteria used to recognize jus sanguinis — the right to citizenship transmitted through bloodline — and may have implications for millions of Italian descendants scattered around the world, including Brazil.

The issue has gained relevance at a time when Italy is already undergoing a profound overhaul of citizenship rules by descent, following the approval of Decreto Tajani (DL 36/2025, converted into Lei 91/1992), which restricted automatic recognition to children and grandchildren of Italians born abroad.

What Happened

According to the Portuguese press, the case brought to the CJEU specifically addresses the dispute over criteria for recognizing Italian citizenship by descent. The Court of Justice of the European Union, headquartered in Luxembourg, is the body responsible for interpreting European law and ensuring its uniform application among member states — different from the Italian Corte Costituzionale and Corte di Cassazione, which operate within Italy's domestic jurisdiction.

The case's arrival at the European court occurs amid legal uncertainty surrounding the topic. Since Decreto Tajani entered into force, the matter of citizenship by descent has been debated in various instances within Italy itself, including expectations of a decision from the Sezioni Unite della Corte di Cassazione on the retroactivity of new rules — a decision that, when published, will be binding on all Italian judges.

The involvement of the CJEU adds a new layer to this discussion, as it involves questions that may concern European Union law principles, such as freedom of movement and non-discrimination among European citizens. Italy news on the topic should intensify in the coming months as the case progresses.

Why This Matters for Descendants in Brazil

Brazil is one of the countries with the largest number of Italian descendants outside Europe, and the pursuit of Italian citizenship recognition remains intense, whether through judicial proceedings or through consular channels where still permitted.

With the changes brought by Decreto Tajani, many descendants of more distant generations — great-grandchildren and beyond — have lost the possibility of recognition through consular channels, now restricted to children and grandchildren of Italians. The judicial route in Italy remains a possible path, though subject to new restrictions imposed by the decree.

A CJEU decision on criteria for recognizing citizenship by descent could, depending on its content, influence how Italian rules are interpreted and applied to citizens and descendants living outside Italy, including those residing in countries like Brazil. This is because European courts can establish parameters on how a member state's national law should align with principles of European law, especially when there are implications for citizenship of the European Union itself — since being an Italian citizen automatically entails European citizenship.

For those who have already started a process or intend to pursue recognition, monitoring this type of ruling is important, but does not replace guidance from specialized Italian citizenship advisory services, which can evaluate your case against the current legal landscape and real chances of success in light of recent legislative changes.

What Remains Unknown

The Portuguese press does not provide, in available material, the expected timeline for the CJEU to rule on the case, nor does it specify which arguments were presented by the parties involved in the dispute. There is also no clear indication of the immediate practical impact that a potential European court decision would have on proceedings already underway in Italy.

This lack of detail reinforces the need for caution in interpreting the news: it is still not possible to assert whether the CJEU will validate, restrict, or expand criteria currently applied by Italy to recognize citizenship by descent. It is also unclear whether a future decision will have retroactive effect or apply only to future cases.

It is worth noting that proceedings filed before Decreto Tajani entered into force already have protection provided for in the text of Italian law itself. The discussion on retroactivity pending in Italian courts — which may now dialogue with what the CJEU decides — concerns the substantive law itself: the decree establishes that whoever was born outside Italy without being the child or grandchild of an Italian would never have been an Italian citizen, retroactively affecting a right the person held from birth under the jus sanguinis criterion.

Given this scenario of uncertainty, monitoring official sources and Italian press is essential for those with proceedings underway or planning to start one. Those who have not yet gathered necessary documentation can seek support for certificate searches in Italy, a fundamental step regardless of how legislation evolves. For those also following the cultural and social developments of the topic, the portal maintains coverage on life in Italy and other aspects of the Brazil-Italy relationship.

What to Expect in the Coming Months

The case at the Court of Justice of the European Union is part of a moment of intense legal activity surrounding Italian citizenship by descent. While Italy awaits a decision from the Sezioni Unite della Corte di Cassazione on the retroactivity of Decreto Tajani, analysis by the CJEU may bring an additional perspective, this time from the standpoint of European Union law.

Until there is greater clarity on case developments, descendants seeking recognition of Italian citizenship should redouble attention to official news and avoid hasty conclusions about potential rule changes. The topic will continue to be monitored by Raízes Italianas as new information becomes available.

Want to know if you have a right to Italian citizenship? Talk to specialized advisory services.

Source: Portuguese Press