How We Got Here

A historic rule, reversed

​1912 and before — The long-standing rule
Italian citizenship was passed down by descent, with no generational limit. It was considered a right acquired at birth and permanent in nature: it did not disappear with time or distance.

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March 28, 2025 — Article 3-bis takes effect
The new rule provides that a person born abroad with another citizenship is considered never to have acquired Italian citizenship, subject to limited exceptions. The key issue is that the rule is framed to reach into the past.

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July 23, 2026 — Italy’s Constitutional Court turns to Luxembourg
With decision no. 147/2026, the Constitutional Court stayed the proceedings and asked the Court of Justice of the European Union whether a law of this kind is compatible with EU law.

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Today — The issue remains open

Until the European court responds, many pending cases may be stayed. Nothing has been finally decided yet.

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What Is Certain

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Italy’s Supreme Court has confirmed an important principle

​Alongside the uncertainty at the EU level, one recent point is favorable and clear. In a 2026 ruling by the Joint Sections of the Court of Cassation, issued after the April 14, 2026 hearing, the Court affirmed an important principle for families of Italian emigrants.

A child born abroad who was Italian from birth by descent, and who also held the citizenship of the country of birth, remains an Italian citizen even if the parent later acquired another citizenship and lost Italian citizenship. That status can be undone only by a voluntary renunciation made in adulthood — never automatically.

This is highly relevant for descendants of ancestors who emigrated to the Americas and later naturalized there. The parent’s naturalization does not automatically cause the loss of Italian citizenship for a child who was born with dual citizenship.

 

Why EU Law May Decide the Issue

Being an Italian citizen also means being a citizen of the European Union. Under EU law, a Member State cannot automatically strip that status without an individual assessment of the consequences for the person and without a path to recover it.

The core legal issue is simple. On paper, the new rule does not say that citizenship is being “taken away”; instead, it claims citizenship never existed in the first place. In practical terms, however, the effect may be the same: retroactively erasing a status that a person had held since birth.

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What This May Mean for You

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If you already have recognition

If your Italian citizenship has already been recognized, the new rule does not appear to call into question rights that have already been formally recognized and secured.

 

If you have a pending court case

In pending cases where this issue is relevant, the judge may decide to stay the proceedings until the EU court issues its decision. This is the time to review deadlines, legal grounds, and case strategy carefully.

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If you are considering filing

Some pathways may still remain open, including the specific exceptions provided by the rule itself and individualized legal strategies. Every family history is different and should be evaluated based on the documents and the line of descent.

Call to Action

Case Review

Developments before the Court of Justice of the European Union and the Italian Constitutional Court should be monitored closely, and each client’s position should be evaluated individually to protect the legal bond with the family’s Italian origin.

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Avvocato Paolo Spanu
Attorney admitted before the Italian Court of Cassation — Rome Bar — Italian citizenship law

Disclaimer This content is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Individual situations require specific legal review, and the legal framework may change as case law develops.​​​​​​