Lawyers Alfonso Celotto and Maria Stella La Malfa submitted written observations to the Court of Justice of the European Union (CJEU) in case C-816/26, known as Picuso, which challenges the restrictions on Italian citizenship by descent introduced by the 2025 reform.
At the same time, the defense requested that consideration of the case be expedited and that it be consolidated with case C-1083/26, called Servaso, originating with the Court of Avellino. La Malfa provided the information to Italianismo.
The e-Curia system record confirms filing protocol DC253190, submitted on November 3, 2026, at 5:45 p.m. Luxembourg time. The document identifies the two lawyers as representatives of a Brazilian minor.
2029 deadline prompts request for urgency
According to the lawyer, the request for expedited consideration takes into account the May 31, 2029, deadline established for certain minors to acquire Italian citizenship by legal provision.
The transitional rule covers people who were minors on May 24, 2025, and are children of Italian citizens by birth who meet the conditions set out in the legislation.
The defense argues that delays in the ruling could affect families that need to decide how to proceed before that deadline expires.
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Defense seeks consolidation of Picuso and Servaso cases
The two cases challenge aspects of the reform introduced by Decree-Law 36/2025, converted into Law 74/2025, but reached the CJEU through different channels.
Picuso (C-816/26) was referred by the Italian Constitutional Court on July 23, 2026. The court seeks clarification on whether European law allows preventing, from the outset, the acquisition of Italian citizenship by people born abroad before the reform, when they hold another nationality and do not fall within the legal exceptions.
Servaso (C-1083/26), meanwhile, was submitted by the Court of Avellino on October 2, 2026, and involves questions concerning European citizenship, fundamental rights and the effects of the new legislation.
With the request for consolidation, Celotto and La Malfa intend for the European court to jointly examine the issues related to the two proceedings.
The 2025 reform is at the center of the discussion
The controversy concerns the application of the new restrictions to descendants of Italians born before the reform took effect.
Law 74/2025 introduced Article 3-bis into Law 91/1992, establishing that certain people born abroad who hold another nationality are considered never to have acquired Italian citizenship, except in the cases provided for by the legislation itself.
The issue under discussion is whether this rule is compatible with European Union law, especially with regard to European citizenship.
The observations submitted by the lawyers are part of the written phase of the proceedings. The court must still assess the arguments submitted by the parties and determine the next procedural steps.
