The long awaited decision on the constitutional challenges raised by the Courts of Campobasso and Mantua has finally been published. However, rather than bringing the matter to a close, constitutional judges has suspended the proceedings and referred the questions to the Court of Justice of the European Union (CJEU)
The Court’s decision
Following the public hearing held on June 9th, the Constitutional Court examined the constitutional questions referred by the Courts of Campobasso and Mantua, together with the parties’ written submissions and oral arguments, before reserving judgment.
Its ruling has now been published. However, instead of declaring the challenged provisions either constitutional or unconstitutional, it has decided to refer them to the CJEU.
The Constitutional Court concluded that clarification is needed on the interpretation of EU law before it can issue a final decision on this highly significant matter. In other words, the next chapter of this case will now be discussed in Luxembourg.
What happens now?
EU law forms part of the legal system of every State member. Whenever a national court has doubts about the interpretation or validity of EU law, it may refer those questions to the Court of Justice of the European Union. The procedure consists of two main stages:
- A written phase, during which the parties, EU institutions, States member, and other interested parties submit written observations.
- An oral phase, which includes a public hearing and, in most cases, an observation of the Advocate General before the Court delivers its judgment.
Once the CJEU issues its interpretation, the case will return to the Italian court, which will decide the matter in accordance with the guidance provided by the European Court.
When can we expect a decision?
The publication of a ruling before the Court of Justice typically takes between 16 and 18 months, although the timeline may vary depending on the complexity and urgency of the case.
While this means the final outcome will not arrive immediately, the CJEU’s judgment is expected to have significant implications for Italian citizenship law.
Why is this referral so important?
It is relatively uncommon for Italy’s Constitutional Court to refer questions of this nature to the CJEU. This decision highlights the importance of the legal issues involved and reflects the Court’s intention to ensure that Italian legislation is fully consistent with EU law.
The case continues to attract considerable attention because it could affect millions of people of Italian descent around the world seeking recognition of their citizenship.
We will continue to monitor every development closely and provide timely updates as the proceedings move forward.
For more information or to discuss your specific situation, please contact our Citizenship team: citizenship@mazzeschi.it
This article was written by Giuditta De Ricco and Greis Muca.
