Ep. 23 - Italian Citizenship by Descent: Why the Constitutional Court Hit Pause
Italy's Constitutional Court was expected to have the final word on the 2025 citizenship-by-descent reform. Instead, it put its decision on hold and handed the key question to the Court of Justice of the European Union. For anyone with Italian ancestry, that pause matters more than any headline. In this episode we unpack what this pause means for descendants of Italians around the world, starting with the change at the heart of the reform: the requirement that your Italian family member must have retained his or her citizenship throughout their life. For the first time, the Italian state has changed its point of view in a radical way, and the question now is whether European law allows it. We cover: - Why the Constitutional Court chose to wait for Europe, and why this is such an unusual moment - What the 2025 reform changed, including the two-generation limit, and who it affects - Why becoming Italian also means becoming an EU citizen, and how that brings a legal framework binding on all 27 member states into the picture - The "foot in the door" strategy: why submitting an application now can make sense even while the courts are undecided - Why this is the right time to get your documents ready, when nobody can predict what happens next On that last point, to be completely clear: nobody knows yet how the EU Court will rule, or when. Anything said about what comes next is speculation, with a good grain of salt. What you can control is whether your documents and your application are ready if the door opens. The door is not closed. It is not open yet either. The people in the best position are the ones who are ready either way. _________________________________ The Italian Legal Whisperer ™️©️ Hosted by Avv. Michele Capecchi LL.M. Email: legal@capecchilegal.com Follow us on social media: - Instagram: @capecchilegal - LinkedIn: https://www.linkedin.com/company/michelecapecchi Learn more about our law firm at www.CapecchiLegal.com Copyright © [2026] Capecchi Legal. All rights reserved. Disclaimer : The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.




