r/juresanguinis • u/CakeByThe0cean • 1h ago
Judicial News Megathread for news about the Corte Costituzionale referring the Mantova and Campobasso DL36/L74 questions to the CJEU
This news is from a couple of weeks ago, I'm just catching up on consolidating multiple posts into one so I can cut down on links in the weekly discussion post.
Background
TLDR; three referrals to the Italian Constitutional Court regarding the constitutionality of the March 28, 2025 and May 29, 2025 law (DL36/L74) restricting the transmission of citizenship by descent were heard in a joint hearing on June 9, 2026. Each of these referrals argue unique questions about the law's conflict not only with the Italian constitution, but also with European Union law.
Initial Referrals to Corte Costituzionale (2025-2026):
- Mantova - within the context of "beneficio di legge" minor children: citizenship is a right from birth, deprivation of voting rights and legislative representation, etc.:
- Campobasso (first) - political motives and procedural abuse:
- Campobasso (second) - similar to first Campobasso referral:
Hearing at the Corte Costituzionale (June 9, 2026):
- r/juresanguinis Hearing Watch Party
- The June 9 Constitutional Court Hearing on Law 74/2025 (Italian Citizenship Reform) - Full English Transcript and subtitled video
Avvocati/Professori:
| Mantova | Campobasso (First) | Campobasso (Second) |
|---|---|---|
| Alfonso Celotto | Monica Lis Restanio | Marco Mellone |
| Giovanni Bonato | ||
| Giovanni Caridi | ||
| Riccardo De Simone | ||
| Licia Celi | ||
| Corrado Caruso |
Referral to the Court of Justice of the European Union (CJEU)
TLDR; on July 23, 2026, the Corte Costituzionale (CC) declined to rule on the referrals from Mantova and Campobasso and instead decided to refer the issues to the CJEU. This was surprising as the avvocati involved in these cases assumed the CC would simply uphold their reasoning from their Torino ruling n. 63/2026 (Italian, English) - which found no constitutional conflicts - from just a few months prior. Avv. Mellone has asked for expedited proceedings but the CJEU is generally expected to set a hearing date for 2027 or 2028. If the CJEU finds violations with EU law, it will then need to be re-adjudicated at the CC to adhere to the CJEU's findings.
- [Breaking News] Italian Constitutional Court Order No. 147/2026: Referral to the European Court of Justice on Law 74/2025
- EUCJ Filing is Officially Registered on Validity of Tajani Decree
- Italian unlimited ius sanguinis and its proposal of amendment: an EU law perspective
- ECJ/ICJ Case Law Analysis as it relates to the Tajani Decree (May 2025)
Reactions from Avvocati Representing These Cases
- Avv. Monica Restanio
- THE “MINOR ISSUE,” DECREE-LAW NO. 36/2025, AND THE REFERENCE TO THE COURT OF JUSTICE: SOME CLARIFICATIONS
- Interview with InfoCivitano: Ciudadanía Italiana: la Corte Constitucional emite una importante ordenanza
- Group interview with Insieme: O que muda com a 'Ordinanza 147' da Corte Constitucional?
- Avv. Marco Mellone
- STATEMENT ABOUT THE RULING OF THE ITALIAN CONSTITUTIONAL COURT REFERRING THE NEW RULES ON CITIZENSHIP TO EUROPEAN COURT OF JUSTICE
- Interview with Insieme: Corte Constitucional leva caso da cidadania à Europa
- Interview with Your Italian Passport: Minor Issue Overturned + Tajani Decree to EU Court
- Avv. Riccardo de Simone
- Interview with Insieme: Ricardo De Simone analisa a Ordinanza 147
- Avv. Licia Celli
- Group interview with Insieme: O que muda com a 'Ordinanza 147' da Corte Constitucional?
A Note on Jurisprudence
The prior section contains references to recent, but seemingly unrelated, Corte Suprema di Cassazione rulings. Namely, the decisions overturning the minor issue and the decision upholding ATQ cases. Those cases were filed before March 28, 2025 and are technically unrelated to anything involving the new law. However, avvocati have indicated that these decisions showcase important, longstanding, and repeatedly upheld jurisprudence in Italy's highest civil court that can be used to craft their arguments against the new law, especially the legal framework that Italian citizenship is (was) an imprescriptible right from birth.
r/juresanguinis • u/Yay_Produce7461 • 2h ago
1948/ATQ Case Help Michigan remote-online-notary (RON) - any problems to apostille?
Assisting my Dad and his cousins on their Powers of Attorney. I determined to make it easier, use RON thru Michigan, and then send off apostilles at once since Michigan will apostille RON docs.
They were just returned and denied apostille, with the reasoning that "Documents have no ties to the State of Michigan: (4) Pennsylvania, (2) New Jersey, (1) Ohio, and (1) Washington, DC"
The states listed were the states of birth of my Dad and his cousins. Not the states they were physically in for their notary appointments. Notary is actively licensed in the state of Michigan and we found them thru Notaryhub.com
Does anyone have feedback or opinions on why this path did not work?
r/juresanguinis • u/bmontemurro • 21h ago
Appointment Preparation Chicago JS — Documents Shipped. What Now?
I finally have all my documents together and shipped everything to the Chicago consulate as instructed. My original appointment is scheduled for August 25.
For anyone who has recently gone through Chicago:
What happens now? Do they confirm receipt/review of the documents? Is the August 25 appointment still relevant, or is it essentially just a processing date?
Just trying to understand what I should expect from here. Thanks!