Italian Constitutional Court Order No. 147/2026: What It Means for Italian Citizenship Cases

On July 23, 2026, the Italian Constitutional Court deposited Order No. 147/2026 concerning Article 3-bis of Italian Citizenship Law No. 91/1992. The Order marks an important procedural development, but it does not change current Italian citizenship law or its eligibility requirements.

The Constitutional Court has referred questions concerning the interpretation of European Union law to the Court of Justice of the European Union (CJEU). The Constitutional Court will resume its constitutional review after receiving the CJEU’s interpretation.

What Happened With Order No. 147/2026?

The Italian Constitutional Court asked the Court of Justice of the European Union, commonly referred to as the CJEU, to consider a question concerning the interpretation of Article 3-bis in light of European Union law.

The Constitutional Court has suspended its proceedings while it waits for the CJEU’s interpretation. After the CJEU issues its decision, the Constitutional Court will resume its consideration of the case.

This referral adds another stage to the litigation process. The CJEU will now address the relevant questions of EU law before the Italian Constitutional Court moves forward with its constitutional proceedings.

What the Order Does Not Mean

Order No. 147/2026 has not repealed, suspended, or overturned the current citizenship law. The Constitutional Court also has not declared Article 3-bis unconstitutional.

Several important points remain unchanged:

• Current Italian citizenship law remains fully in force
• Italian Consulates and Italian Courts continue to apply the law
• Eligibility requirements have not immediately changed
• No applicant’s legal position has automatically changed because of the Order
• The Order does not mean that a particular applicant now qualifies for Italian citizenship
• The Order does not establish that an applicant’s likelihood of success has increased

Claims that the law has been overturned or is likely to be struck down would be inaccurate. It would also be inappropriate to suggest that applicants should file immediately because a change is expected.

Why Order No. 147/2026 Matters

The Order is important because the Constitutional Court determined that certain questions involving European Union law should be addressed directly by the CJEU. Its eventual interpretation may become relevant when the Italian Constitutional Court resumes its proceedings.

The judicial interpretation of Article 3-bis continues to develop through the ongoing constitutional proceedings.

The CJEU may confirm the Constitutional Court’s approach, provide a different interpretation of the relevant provisions of EU law, or clarify the principles that the Constitutional Court must apply when it resumes the proceedings. Until that process is completed, any prediction regarding the outcome would be speculative.

What Happens Next?

The CJEU will consider the questions referred by the Italian Constitutional Court. During that time, the Italian constitutional proceedings will remain suspended.

Once the CJEU issues its preliminary ruling, the matter will return to the Italian Constitutional Court, which will then continue the constitutional proceedings in light of the European Court’s interpretation. The current law governing Italian citizenship and dual citizenship in Italy will continue to apply unless and until a future decision changes the existing legal framework.

Italian American Citizenship Assistance Program will continue monitoring the proceedings and providing clients with updates as developments occur.

What Does Order No. 147/2026 Mean for Italian Citizenship Applicants?

For now, Order No. 147/2026 does not automatically affect an applicant’s eligibility, legal position, or likelihood of success. Its potential relevance will depend on the applicant’s individual circumstances and the legal analysis of the attorneys handling the matter.

ITAMCAP provides administrative consulting and case management services. Any opinion concerning citizenship eligibility, litigation strategy, the likelihood of success, or the interpretation of Italian or European Union law must come from the licensed Italian attorneys responsible for the legal representation.

Applicants who postponed moving forward after the enactment of Law No. 74/2025 may wish to determine whether this procedural development has any relevance to their individual circumstances. Such determinations require an individualized legal assessment.

Request a Review of Your Italian Citizenship Case

Order No. 147/2026 represents an important development, but its effect on any specific case cannot be determined without an individual assessment.

Contact ITAMCAP if you would like your documentation and family history reviewed for administrative preparation, or if you would like your circumstances evaluated by the licensed Italian attorneys handling these matters, you may contact ITAMCAP to arrange the appropriate review.

As the constitutional proceedings continue, ITAMCAP will closely monitor all legal developments and keep our clients informed of any significant updates that may affect their cases.. Any significant judicial developments will be communicated through our website and client updates as additional information becomes available.