Constitutional Court Judgment 63/2026:
Did Italy's Top Court Uphold the 2025 Law?
A plain-English summary of the April 2026 ruling on Article 3-bis and why the question then went to the EU Court of Justice.
Last updated: November 2, 2026
Short answer (as of November 2026)
Yes, for the questions it was asked. In Judgment 63/2026, filed April 30, 2026, Italy's Constitutional Court rejected the challenges to Article 3-bis raised by the Court of Turin. It held the rule sets a condition for acquiring citizenship rather than taking away citizenship already held. Separate EU-law questions remain open.
- The challenges came from the Court of Turin, in cases brought by descendants affected by the 2025 rules
- The Court found the questions unfounded, so Article 3-bis stays in force
- In July 2026, in other proceedings, the Court referred EU-law questions to the EU Court of Justice (case C-816/26)
- Older pages saying "no ruling has been issued" are out of date
What the Court decided
The Court of Turin had asked whether Article 3-bis, added by Decree-Law 36/2025 and Law 74/2025, breached the Italian Constitution, for example by affecting people who were already Italian at birth under the old rules. In Judgment No. 63 of 2026, filed on April 30, 2026, the Constitutional Court found those questions unfounded.
Its central reasoning, as reported, is that Article 3-bis sets a condition for acquiring citizenship by descent for people born abroad who hold another citizenship, rather than revoking a citizenship they already held.
Why the issue went to the EU Court anyway
Judgment 63 dealt with the Italian Constitution. On July 23, 2026, in Order 147/2026, the Constitutional Court asked the EU Court of Justice a different question: whether Article 3-bis is compatible with EU citizenship rights. That case, C-816/26, is pending. Follow it on our tracker.
What it means for you
- The 2025 rules apply. If you were born abroad and hold another citizenship, you need to meet an Article 3-bis exception, usually a parent or grandparent with exclusively Italian citizenship.
- Court cases arguing that Article 3-bis is unconstitutional on the grounds already decided are unlikely to succeed.
- Cases started by March 27, 2025 still follow the old rules.
How does the ruling apply to your family?
We'll review your line under Article 3-bis as it stands after Judgment 63.
Sources
- Corte costituzionale: Judgment 63/2026
- Gazzetta Ufficiale: Judgment 63/2026 (published May 6, 2026)
- AISE: Constitutional Court judgment filed
- Corte costituzionale: Order 147/2026
This guide is general information, not legal advice. Rules and consulate practice change; check the official sources or ask us before acting.
Questions about Judgment 63/2026
Does the 2025 law close your route?
Check your eligibility under today's rules. If they do not work for you yet, we'll tell you what could change.
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