Italy's citizenship crackdown faces EU court test

Italy's restrictive citizenship law is facing a fresh legal test after the Constitutional Court suspended recent challenges and referred the dispute to the European Court of Justice. The referral is significant because hundreds of legal challenges had already been dismissed after the court initially upheld the measure known as L74/2025, which placed a strict two-generation cap on citizenship by descent. According to CNN and Qoo Media, the European referral offers descendants of Italian nationals a new avenue to challenge the restrictions that the Italian government introduced in March 2025.

The 2025 law sent shockwaves through Italy's global diaspora by sharply narrowing eligibility for citizenship by descent, a pathway that had historically allowed millions of people with Italian ancestry to claim membership in the European Union. The measure effectively ended applications from those with an Italian ancestor more than two generations removed. CNN reported that applicants had been booking flights and signing leases on the strength of government campaigns urging diaspora members to reconnect with their roots before the restrictions took effect, leaving many stranded by the sudden policy reversal.

A ruling against Italy's law by the European Court of Justice could potentially overturn or modify the restrictions, though the outcome remains uncertain. The Italian government has not publicly indicated how it will respond to the referral. The case is likely to take months or years to reach a final judgment at the European level, leaving thousands of pending applications in limbo.

For Italy's foreign ministry and the Estero apparatus, the referral represents a significant test of how European law constrains national sovereignty over citizenship policy. Italy has long leveraged citizenship by descent as a form of soft power and economic incentive, attracting diaspora members and their capital back to Italian communities. The Constitutional Court's decision to seek guidance from Luxembourg signals that Italian judges themselves are uncertain whether the two-generation cap complies with European law principles of non-discrimination and proportionality.

The referral also reflects broader EU scrutiny of national citizenship laws. Several member states have tightened or restricted pathways to citizenship in recent years, citing fiscal and integration concerns. However, the European Court has increasingly intervened to police restrictions it deems arbitrary or disproportionate. Italy's case may set a precedent for how far member states can go in limiting citizenship rights without triggering EU intervention.