Brescia Also Suspends Proceedings and Awaits EU Court Decision

The Brescia Court decided to suspend the judgment of an Italian citizenship recognition process until the Court of Justice of the European Union rules on the validity of sections of the citizenship law reform approved in 2025. The new hearing in the case was rescheduled only for June 2027, according to information from Insieme.

What the Brescia Court Decided

The case analyzed in Brescia involves an action for Italian citizenship recognition filed after the 2025 reform entered into force, which imposed new limits on citizenship transmission through judicial channels. Given the controversy over the legality of part of these changes, the court chose not to rule on the merits of the case now and to await the position of the Court of Justice of the European Union.

In practice, this means the case remains on hold until the judges in Luxembourg decide on the question submitted to them. The new hearing date set — June 2027 — illustrates how much longer applicants will have to wait for an answer.

Impact of the Catanzaro Case

BreScia's decision is not isolated. The Catanzaro Court had already taken the same path earlier, suspending a similar case also filed after the 2025 reform and also awaiting a ruling from the EU Court of Justice.

With two Italian courts from different regions reaching the same conclusion, a trend is beginning to emerge: judges prefer to halt judgment of cases linked to the 2025 changes until European Justice clarifies the limits of the new legislation, rather than deciding on their own a question still pending definition at a higher level.

For those following the topic, these decisions reinforce the importance of following Italy News on the progress of courts dealing with Italian citizenship, since decisions from one court can influence the stance of others throughout the country.

What's at Stake: Article 3-bis

At the center of the dispute is article 3-bis of the Italian citizenship law, a provision included in the framework of the 2025 reform and which has come to be questioned regarding its compatibility with European Union regulations. It is precisely on this point that the EU Court of Justice must rule.

Article 3-bis is at the heart of discussions about how far the 2025 reform can go in restricting the recognition of Italian citizenship by descent. While the Luxembourg Court does not decide, courts such as those in Catanzaro and Brescia prefer not to move forward in judging the merits of cases that directly depend on the interpretation of this article.

The suspension of proceedings until the EU Court of Justice rules demonstrates the legal uncertainty that still surrounds parts of the 2025 citizenship reform.

Why This Matters for Descendants in Brazil

The Brescia decision has direct impact on thousands of Brazilian descendants of Italians seeking recognition of Italian citizenship through the judicial route. Many of these cases were filed precisely after the 2025 reform and may now face the same fate: suspension until the EU Court of Justice rules on article 3-bis.

With Brescia's new hearing scheduled only for 2027, it is clear that similar cases pending in other Italian courts may also remain suspended for an extended period, awaiting a ruling that applies to the entire country — not just for the specific case analyzed in each district.

This reinforces the need for constant monitoring of the situation by those who have already filed a judicial action or intend to pursue Italian Citizenship through this route, since the outcome of the Luxembourg dispute should establish parameters that Italian courts will follow uniformly. Those still gathering documents to file a case can learn about Italian records search, a step that remains necessary regardless of the direction the article 3-bis dispute may take.

The wait for the EU Court of Justice ruling also matters to those who already live in Italy or plan to move there, since the outcome of the dispute may alter the rules of access to citizenship for future generations of descendants. For those following the daily lives of Brazilians in the country, it's worth following the content on Life in Italy.

Given the complexity of the topic and the constant changes brought by the 2025 reform, experts recommend heightened attention to legal developments before making decisions about the Italian citizenship recognition process.

While the Court of Justice of the European Union does not rule, Italian courts should continue to evaluate case by case whether they suspend or not the cases linked to the 2025 reform, following the precedent already opened by Catanzaro and now reinforced by Brescia.

Want to know if you have the right to Italian citizenship? Talk to a specialized advisor.

Source: Insieme