Why Italian citizenship cases are postponed before June 9, 2026

In recent weeks, the issue of Italian citizenship cases postponed has drawn increasing attention among applicants.
A growing number of people with Italian citizenship-by-descent cases pending before Italian courts have become concerned — and understandably so.

Some judges, including in courts such as Genoa and Palermo, have begun scheduling and deciding cases under Law 74/2025 as it currently stands, without waiting for further guidance from the Italian Constitutional Court. In some instances, this has meant early dismissals of citizenship recognition claims that might otherwise have benefited from a more cautious procedural approach.

What many applicants may not realize is that this trend did not begin after the Italian Constitutional Court hearing of March 11, 2026. In several courts, judges had already started advancing hearings and issuing decisions before that date. After the Constitutional Court’s March 12 press communication regarding the Turin referral, which declared the constitutional questions raised by the Court of Turin to be partly unfounded and partly inadmissible. However, the full decision has not yet been formally deposited, and the legal framework therefore remains in flux.

The current legal landscape: Law 74/2025 and pending Constitutional Court hearings

To understand what is happening, it helps to have a clear picture of where things stand legally.

Law 74/2025 — the conversion of Decree-Law 36/2025, commonly known as the “Decreto Tajani” — introduced a generational limit on Italian citizenship by descent, restricting recognition to the grandchildren of Italian-born ancestors. The law applies to applications filed after March 27, 2025, and has been the subject of multiple constitutional challenges.

On March 11, 2026, the Italian Constitutional Court held a public hearing on the Turin referral, one of the challenges to the law’s constitutional validity. The following day, the Court issued a press communication indicating that the law’s restrictions are compatible with the Constitution. This ruling, while significant, does not end the legal debate.

Several other constitutional referrals remain pending. Most notably, the Mantova referral is scheduled for hearing before the Italian Constitutional Court on June 9, 2026. In addition, two further referrals from the Court of Campobasso are on record, though no hearing dates have yet been scheduled in publicly available materials.

This means that the legal framework governing citizenship-by-descent claims is still evolving — and that judicial conduct at the first-instance level is, for now, far from uniform.

Not all judges are ruling the same way 

This is the most important practical point for anyone with a hearing scheduled before June 9, 2026.

While some judges are proceeding to issue decisions under Law 74/2025 as currently in force, many others are taking a different approach. These judges are agreeing to postpone hearings or formally suspend proceedings, pending further developments before the Italian Constitutional Court — in particular, the Mantova hearing of June 9.

The reasons vary. Some judges had already adopted this approach before the March 11 hearing, anticipating that further guidance from the Constitutional Court would be necessary before ruling. Others have taken the same position after the March 12 communication, recognizing that additional referrals remain pending and that the legal picture is not yet complete.

The key takeaway is simple: the procedural response to these cases is not the same everywhere, and knowing how a specific judge has handled similar requests can be genuinely useful information for applicants trying to assess their situation.

What our firm has been doing and what it may mean for your case

In cases before our firm that are scheduled prior to June 9, 2026, we have been proactively filing requests asking courts to adjourn the hearing to a date after the Constitutional Court’s June 9 session, or, where appropriate, to formally suspend the proceedings pending the Court’s decisions.

When these requests are granted, the practical benefit is twofold. First, it reduces the risk of an early adverse ruling issued before the legal framework has been fully clarified. Second, it may help avoid placing applicants in a position where they are forced to pursue an appeal following a premature first-instance dismissal — a process that is both costly and time-consuming.

We want to be transparent about what this means and what it does not mean. An adjournment or suspension is a procedural step, not a guarantee of a favorable outcome. It simply preserves the applicant’s position while the Constitutional Court has the opportunity to rule on the remaining referrals.

Judges who have granted an adjournment or suspension in our cases

Based solely on our direct experience in proceedings handled by our firm, the following judges have granted an adjournment or suspension:

 

This list includes both judges who had already postponed cases beyond June 9 before the March 11 hearing, and judges who adopted the same approach following the Constitutional Court’s March 12 communication.

This is not meant to suggest that the same outcome is guaranteed in every case before these judges. Procedural decisions depend on the specific circumstances of each case, and results may vary. This is simply a factual record of what has occurred in our own proceedings so far.

We will continue updating this list as additional orders are issued.

What this means if you have a hearing coming up

If you have a citizenship-by-descent case scheduled before June 9, 2026, the most important step is to understand your judge’s procedural approach and to assess whether a request for adjournment or suspension is appropriate in your specific situation.

This is not a one-size-fits-all answer. The viability of such a request depends on the court, the judge, the specific legal basis of your case, and the current state of your proceedings. What this update is intended to provide is practical visibility, not a substitute for specific legal advice.

If you have questions about your pending case and how current developments may affect it, we are available to assist. Take the first step now by completing our free eligibility check, it’s the easiest way to understand your options and start your journey.

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