EU Court Case C-816/26:
Where the Challenge to Italy's 2025 Law Stands
A dated tracker of the EU Court of Justice case on Article 3-bis, the rule that limits citizenship by descent for people born abroad.
Last updated: November 2, 2026
Short answer (as of November 2026)
As of November 2, 2026, the EU Court of Justice has not ruled. Italy's Constitutional Court asked it in July 2026 whether the 2025 limits on citizenship by descent are compatible with EU citizenship rights. The case is C-816/26. Until a judgment, the 2025 law stays in force and consulates and courts apply it.
- The question comes from Italy's Constitutional Court (Order 147 of July 23, 2026), not from an applicant directly
- A 70-day period for written observations from governments and EU institutions began on August 26, 2026
- No hearing or judgment date has been set; ordinary EU references often take well over a year
- At least one Italian court (Catanzaro) has postponed a post-reform case until the EU Court decides
Timeline
| Date | What happened |
|---|---|
| Mar 28, 2025 | Decree-Law 36/2025 adds Article 3-bis to Italy's citizenship law |
| May 24, 2025 | Conversion law (Law 74/2025) enters into force |
| Apr 30, 2026 | Constitutional Court Judgment 63/2026 rejects the constitutional challenges raised by the Court of Turin (explained here) |
| Jul 23, 2026 | In separate proceedings, the Constitutional Court (Order 147/2026) refers questions to the EU Court of Justice and suspends its own case |
| Aug 26, 2026 | The case, registered as C-816/26 (Picuso), opens its 70-day written phase |
| Sep 3, 2026 | The Court of Catanzaro postpones a post-reform citizenship case to June 7, 2027, pending the EU ruling |
| Next | Possible hearing, an Advocate General's opinion, then the judgment. No dates announced |
What was the EU Court asked?
In short, whether EU law, specifically Article 9 of the Treaty on European Union and Article 20 of the Treaty on the Functioning of the EU, prevents Italy from adopting a rule that treats people born abroad who hold another citizenship as never having acquired Italian citizenship, including people born before the rule took effect, subject to the exceptions in Article 3-bis.
Italian citizenship is also EU citizenship, so the Constitutional Court asked the EU Court to interpret EU law before it decides the Italian constitutional questions in front of it.
What could a ruling change?
- If the EU Court finds no conflict, Article 3-bis continues to apply as it does today.
- If it finds a conflict, Italian courts would have to apply that interpretation, and the Constitutional Court would resume its case. Who would benefit, and from when, would depend on the exact ruling and how Italy responds. It would not automatically restore every pre-2025 claim.
Nobody can predict the outcome or the date. Be wary of any service that promises either.
What should you do now?
- If you qualify under current rules (for example, a parent or grandparent who held exclusively Italian citizenship), there is no reason to wait for the EU Court.
- If your claim relies on a great-grandparent or earlier ancestor, you can start collecting records now so you are ready if the law changes, and ask us to notify you when the court rules.
- If you had a case under way by March 27, 2025, it follows the old rules and is not affected by this case.
Want to know if the ruling could affect you?
We'll check whether you qualify now, or whether your line depends on the EU Court's answer.
Sources
- Constitutional Court Order 147/2026
- Court of Justice of the EU: case search (C-816/26)
- Avv. Dell'Elce: the referral in case C-816/26 (Sept 2026)
- Insieme: Catanzaro postpones a case pending the EU ruling
- Decree-Law 36/2025 as converted by Law 74/2025 (Normattiva)
This guide is general information, not legal advice. Rules and consulate practice change; check the official sources or ask us before acting.
Questions about case C-816/26
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Law & Policy
Constitutional Court Judgment 63/2026
What Italy's Constitutional Court decided about the 2025 law in April 2026.
Law & Policy
Law 74/2025 and Article 3-bis Explained
What changed in 2025, who is grandfathered, and where the legal challenges stand.
Eligibility
What "Exclusively Italian Citizenship" Means
The test most parent and grandparent claims now turn on, and how consulates check it.