The case concerning the new rules for Italian citizenship by descent now has an official case number at the Court of Justice of the European Union: C-816/26, Picuso caseThe information comes from the lawyer. Marco Mellone, who is active in the cause and spoke to Italianismo this Thursday (30).
With the protocol, the formal processing in Luxembourg of the resubmission made by Italian Constitutional Court through Ordinance 147/2026"The good news is that the case has already been registered. The community investigation has already begun," said Mellone.
Next steps in Luxembourg
According to the lawyer, the Constitutional Court's referral order will now be translated into all official languages of the European Union. Following this, the text will be published in the bloc's Official Journal.
Once these steps are completed, Mellone intends to ask the Court of Justice to apply an expedited procedure. He acknowledges that there is no guarantee of acceptance. "We'll see if this request will be accepted or not," he says.
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
The difference in timeframe is significant. "The normal, ordinary procedure takes up to a year and a half," explains the lawyer. With the accelerated process, the expectation is that the processing time will be less than a year.
Fundamental right
To justify the urgency, Mellone says the request was prepared to show the Court the magnitude of the case. "We are talking about a fundamental right, a right that concerns a huge number of people," he states.
The lawyer also points out that the proceedings will be public. The portal of the Court of Justice itself. It gathers all the information from the case, including briefs submitted by lawyers and news about hearings.
The request for expedited proceedings has not yet been reviewed by the European court. For now, there is no date set for the first developments in the case.
What is case C-816/26?
This is the registration number, at the Court of Justice of the European Union, of the preliminary ruling issued by the Constitutional Court of Italy in Ordinance 147/2026. In this type of procedure, the European court answers questions about the compatibility of national rules with EU law. The answer guides the judgment that continues in Italy.




![Attorney Marco Mellone during oral arguments at the Court of Cassation in Rome, at the United Sections hearing on the 'child issue' | Photo: Reproduction/[source of the video]](https://italianismo.com.br/wp-content/uploads/2026/07/marco-mellone-600x337.jpg)
































Elke Domingues Gama
30 July 2026 11 at: 10
Good morning. And what about those who have hearings scheduled for early 2027 (January) and filed their cases after the decree? Will they lose their cases? Will they be able to request a review?