Italian attorney Marco Mellone asked the Court of Justice of the European Union (CJEU) to allow descendants of Italians to personally report the losses they attribute to the citizenship restrictions introduced by the Tajani Decree.
The request is part of the written observations filed by the defense last Thursday (Oct. 29) in case C-816/26, known as the Picuso case, which is pending in Luxembourg.
According to Mellone, the submission seeks to show the court the applicants’ personal and economic losses, not just the legal argument against the reform.
“It was difficult and intense work, focused especially on the human and personal aspects of our clients, who suffered economic and life losses because of the Tajani Decree,” the attorney told Italianismo on Wednesday (Nov. 4).
The defense also requested priority in the review of the case, given the large number of lawsuits related to the reform that are awaiting rulings in Italian courts.
Descendants want to explain their ties to Italy
In its submission, the defense asked that the applicants be heard by the judges in Luxembourg.
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“We also asked that our clients be heard by the Court to personally explain their connection to Italy and the harm caused by the retroactive change in the law,” he said. The request still requires evaluation by the CJEU.
What is at issue in the Picuso case
Case C-816/26 reached the Court of Justice of the European Union at the initiative of Italy’s Constitutional Court, which referred a preliminary question through Ordinanza No. 147/2026, filed on July 23, 2026.
The question concerns Article 3-bis of Law No. 91/1992, introduced by Decree-Law No. 36/2025 (converted into Law No. 74/2025), which established new restrictions on Italian citizenship by descent for people born abroad who hold another nationality.
The referral primarily concerns the application of those restrictions to people born before March 28, 2025, the date the new rules took effect, except for the exceptions provided for by law.
The Constitutional Court asked the European court to clarify whether those provisions are compatible with Article 9 of the Treaty on European Union and Article 20 of the Treaty on the Functioning of the European Union, in light of the principle of proportionality and the effects of the restrictions on EU citizen status.
The Constitutional Court suspended proceedings in the joined cases until the CJEU answers the question referred.
Court will decide whether to hold a hearing
Once the written-observations phase has concluded, the Court will examine the submissions received before deciding whether to hold a hearing and which panel of judges will be responsible for the ruling, according to Mellone.
Among the possibilities, the attorney mentioned the Grand Chamber, an expanded Court of Justice panel used in cases of particular importance, although that possibility has not yet been confirmed.
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Mellone said he expects the European Commission to present a position consistent with European Union law.
