The Italian “Tayani” decree, introduced in 2025, tightened the requirements for acquiring Italian citizenship and set a strict deadline for filing applications. Since its enactment, a wave of legal challenges has emerged, and the decree’s compatibility with EU law is now being examined by the European Court of Justice (ECJ).
The Katanzaro case and its postponement
- A lawsuit filed in the court of Katanzaro after the decree took effect was originally scheduled for a hearing in 2026.
- The presiding judge postponed the hearing to June 7 2027, citing the pending ECJ ruling on the Tayani decree as a reason to wait for a definitive EU judgment before proceeding.
- The case was filed after 2025, meaning the new rules are directly applicable, which is why the ECJ’s decision is considered pivotal.
Current status of the ECJ review
- The ECJ is in the preliminary phase of the procedure.
- Attorneys for the parties have a 70‑day window to submit written observations, and EU member states can also file comments during this period.
- No official timeline has been published, but the June 2027 hearing date in Katanzaro suggests that the ECJ may issue its decision by mid‑2027.
Interaction with the Italian Constitutional Court
- Italy’s Constitutional Court suspended its own review of the Tayani decree after recognizing that the decree might conflict with EU law.
- The Constitutional Court will issue a final ruling only after the ECJ delivers its judgment, which will be binding on the Italian court.
How applicants are responding
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Claims for retroactive application of the old rules
- Applicants argue that they could not secure consular appointments before the decree’s deadline, or that they were already at an advanced stage when the new rules were introduced.
- Courts have begun issuing positive judgments in several of these cases, allowing the old, more permissive criteria to apply.
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Direct challenges to the decree itself
- Some litigants are not seeking the old rules but are contesting the legality of the Tayani decree under EU law.
- These cases are expected to remain on hold until the ECJ renders its decision.
Potential broader impact
- The Katanzaro postponement could set a precedent for other Italian judges to delay hearings that involve the Tayani decree, though each judge acts independently and is not bound by the Katanzaro decision.
- If the ECJ ultimately finds the decree incompatible with EU law, it could lead to a widespread suspension of the decree’s enforcement across Italy, affecting pending and future citizenship applications.
Practical considerations for prospective applicants
- Monitor the ECJ timeline: The mid‑2027 window is the most realistic estimate for a ruling.
- Document any procedural obstacles (e.g., missed consular appointments) that prevented filing before the decree’s deadline; such evidence may support a claim for applying under the pre‑2025 rules.
- Seek legal counsel promptly to file observations within the 70‑day ECJ window if you are directly involved in a case that may be referred to the Court.
- Stay aware of local court decisions: Some jurisdictions may already be granting relief based on the old rules, which could influence strategy in other regions.
In summary, the Tayani decree’s future hinges on the ECJ’s forthcoming judgment. Until that decision is issued, many Italian citizenship cases filed after 2025 are likely to experience delays, with a subset receiving favorable rulings based on procedural arguments. Applicants should prepare documentation of any impediments caused by the decree and remain vigilant for updates from both the ECJ and Italian courts.
