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INSIEME AO VIVO | O que a Corte de Luxemburgo realmente vai julgar?

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News and Commentary

Overview

On July 30, 2026, an Italian citizenship-by-descent matter was referred to the Court of Justice of the European Union (CJEU). According to lawyer Cristiano Girardelo, the referral has sparked widespread misunderstanding online about what the CJEU can—and cannot—do.

What the CJEU referral means (and what it doesn’t)

  • The Luxembourg-based CJEU will review the compatibility of Italian law (specifically Ord. 147/2026, linked to Italy’s “original preclusion” thesis introduced via Article 3-bis of Law 74, converting Decree 36) with EU law.

    • It will not decide whether a specific person is Italian.

  • The CJEU is not an appeals or cassation court.

    • It will not determine the outcome of the underlying Italian administrative/judicial dispute directly.
    • Instead, it will answer a legal question regarding EU treaty principles—notably discussed through Articles 9 and 20 TFEU—and whether Italy’s rules violate EU rights.

  • Timeline: the process can take about 18–30 months.

  • Influence: the result can be shaped through written submissions and the Advocate General’s opinion.

Girardelo’s core argument: the “question” is a trap

Girardelo argues that the Italian state may have framed the preliminary question so the CJEU is guided toward an “obvious” outcome—focusing on whether the state can restrict citizenship recognition when applicants had only an expectation of citizenship (rather than already holding enforceable EU status).

He contends this framing risks turning the case into an abstract inquiry, even though the relevant EU jurisprudence focuses on real, concrete consequences, such as:

  • denial of citizenship effects,
  • risks of statelessness,
  • forced displacement/expulsion,
  • loss of the effective enjoyment of EU citizenship status.

EU case law pattern (why this case is different)

Girardelo summarizes a consistent CJEU approach in citizenship-related matters:

  • Member states control nationality in principle, but EU law limits how changes to nationality can be applied when they affect EU citizenship status.
  • Measures that cause disproportionate harm or remove the substance/essence of EU citizenship (or equivalent rights) are incompatible with EU law.

He argues the key difference in Italy’s situation is that the new “original preclusion” may affect people who—despite lacking formal recognition—were treated by Italian law as having consolidated legal positions, leading to concrete losses, not merely expectations.

What must be shown to win the real fight

Girardelo’s suggested strategy shifts away from slogans (“we are Italian by birth” / original right) and toward proving:

  1. Consolidated legal positions of descendants within Italian law, even without formal citizenship recognition.
  2. Concrete harms produced by sudden legal changes.
  3. Institutional evidence showing descendants have already participated in legal life and sometimes in representation.

He highlights examples he claims demonstrate “consolidated legal positions,” such as:

  • rights/permits enabling residence and work while citizenship recognition is pending (as described under older Italian administrative frameworks),
  • and, most notably, institutional participation/representation of descendants without citizenship, including roles connected to bodies related to Italian communities abroad. He refers to legislation involving committees/councils and “co-opted” representatives.

Opposition to seeking urgency

The speaker criticizes the idea attributed to Melone of requesting urgency before the CJEU, arguing it would be counterproductive:

  • urgency isn’t necessary because CJEU timelines are already long,
  • time should instead be used to assemble a “dossier” and an inventory of cases with proof of concrete harm and consolidated legal positions,
  • written submissions from the Italian state, the EU Commission, member states, and the parties—and especially the Advocate General’s influence—can matter, so preparation time is crucial.

What contributors are called to do

Girardelo urges organizations and associations to:

  • collect and systematize real-world cases (including people who lost jobs, had residence disrupted, faced registration problems, and those affected by detention/forced departures),
  • coordinate submissions so EU decision-makers understand the factual consequences.

Present concern: misinformation and misdirection

A recurring theme is that social media discussions and some news posts misunderstand how the CJEU referral works. Girardelo argues this misdirection causes supporters to focus on the wrong question, effectively helping the state’s “trap” succeed.

Presenters or contributors

  • Cristiano Girardelo (lawyer; main contributor)
  • Parão / Peron (host/moderator; video host figure)
  • Daniele Margeró (viewer/comment contributor via super chat; mentioned)
  • Melone (lawyer referenced; position on urgency and strategy mentioned)
  • Mônica Restano (mentioned; comment about freezing/locking legal reality referenced)
  • Rapporteur Petrozela (mentioned; procedural background)
  • João Paulo Zago (viewer/comment contributor mentioned)

Original video