Italian Citizenship: The Preliminary Reference to the Court of Justice of the European Union. Case No. C-816/26 [Picuso]

The Constitutional Court, with Order No. 147/2026, filed on July 23, 2026 , decided to refer the matter to the Court of Justice of the European Union pursuant to Article 267 TFEU. The constitutional proceedings have been suspended pending Luxembourg's response.

The referral concerns specifically art . 3-bis of Law 91/1992 , introduced by Legislative Decree 36/2025 and the subsequent conversion law 74/2025.

The question, paraphrased, submitted to the CJEU is:

Do Articles 9 TEU and 20 TFEU prevent Italy from introducing legislation that would initially preclude the acquisition of Italian citizenship by persons born abroad, even before the entry into force of the new law, who possess another citizenship, save for certain exceptions?

This is a much more important issue than a simple challenge to Italian law: the CJEU is being asked to determine whether a limitation of national citizenship can be compatible with the status of Union citizen provided for by Article 20 TFEU.

1. The crux of the matter

The Constitutional Court had already addressed the new legislation in ruling no. 63/2026 , rejecting some internal objections to the Constitution.

But it subsequently deemed it necessary to ask the CJEU to clarify the relationship between the new legislation and EU law.

The Constitutional Court explicitly states that it is up to the CJEU to provide the definitive interpretation of EU law.

2. Where are we today?

The case was assigned case number C-816/26 [Picuso] and the 70-day period for submitting written briefs and observations began on 26 August 2026.

3. Why is the postponement of the Constitutional Court particularly significant?

The question submitted to the CJEU also concerns persons born before 28 March 2025 , i.e. before the entry into force of Legislative Decree 36/2025.

This is precisely one of the most delicate points.

The new legislation may in fact determine, according to the mechanism established by art. 3-bis, that certain descendants born abroad and already in possession of another citizenship are considered originally excluded from acquiring Italian citizenship , except under the conditions established by law.

The Constitutional Court asks the CJEU whether such an original preclusion is compatible with Articles 9 TEU and 20 TFEU.

In other words, the European question is essentially:

To what extent can a Member State decide who is or is not its citizen when that decision also determines the acquisition or loss of EU citizenship status?

This is the real heart of the controversy.