31/08/2026
The Court of Justice of the European Union has opened the written phase of proceedings on the constitutional question referred by Italy’s Constitutional Court over the new citizenship law.
Attorney Marco Mellone confirmed this week that the parties now have approximately 70 days to submit their arguments. During this same window, all 27 EU member states and the European Commission can submit their own written observations on the case.
What’s being reviewed: whether Article 3-bis of Law 91/1992, introduced by Decree-Law 36/2025 and converted into Law 74/2025, is compatible with Articles 9 TEU and 20 TFEU. That provision treats people born abroad, including before the law took effect, as never having held Italian citizenship if they hold another citizenship, with limited exceptions.
A few things worth noting:
→ Private associations and organizations cannot formally intervene in the case, only the parties and the institutional entities listed in Article 23 of the CJEU Statute
→ The Italian Constitutional Court itself is not on the list of parties authorized to submit observations, though the CJEU can request clarifications from it directly
→ This 70-day window covers only the written phase. CJEU cases average 16 to 18 months from start to finish, though an expedited procedure could shorten that timeline
We will continue tracking this case as it moves through the Court.
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