Ordinance 147/2026 sent Article 3-bis of Italy’s citizenship law to the EU Court of Justice for a preliminary ruling on whether it conflicts with Articles 9 TEU and 20 TFEU.
The Constitutional Court said it still stands by Sentence 63/2026 and has not changed its view on the law’s merits, but granted the parties’ repeated request out of loyal cooperation and Luxembourg’s authority to interpret EU law.
Luxembourg will not rule on the law’s constitutionality; it will decide whether Italy can treat some people born abroad with another nationality as having never acquired Italian citizenship, rather than having lost it.
That distinction is central because existing EU case law mainly covers loss or withdrawal of nationality, while Article 3-bis is framed as an original bar to acquisition even for descendants who may have qualified at birth under prior rules.
After the EU court answers, the case returns to Rome, where the Constitutional Court will apply that interpretation to a dispute that could test how far EU citizenship protections reach into national nationality rules.