8/29/25

Can EU Law Overrule Italy’s Tajani Decree? (The European Passport Defense) | The Aprigliano Brief

In this episode, Avv. Salvatore Aprigliano explores the European dimension of Italian citizenship litigation. When domestic legislation restricts or removes a citizenship status historically recognized from birth (ex tunc), it directly triggers fundamental principles of European Union law—opening critical avenues for protection before independent Italian judges and the Court of Justice of the European Union (CJEU).

What you will learn in this episode

  • The Dual Nature of Italian & EU Citizenship: Why obtaining an Italian passport is fundamentally an acquisition of European Union rights, freedom of movement, and economic residency.

  • EU Legal Precedents (Rottmann & Tjebbes): How European Court of Justice jurisprudence establishes that member state rules on loss or acquisition of citizenship must respect the principle of proportionality.

  • The CJEU Referral Mechanism: How an Italian tribunal judge can pause domestic proceedings and refer Law 74/2025 directly to Luxembourg to test its compliance with EU law.

  • Arbitrary & Retroactive Deprivation: Why retroactively barring descendants from proving a birthright status creates profound conflicts with European constitutional standards.

  • The Strategic Defense: How Aprigliano International Law Firm incorporates European Union jurisprudence into court filings to defend clients facing administrative exclusions.

Previous

The "Proof of Activation" Defense: Save Your Post-Tajani Citizenship Case | The Aprigliano Brief

Next

"Jure Sanguinis Is Dead": Why the Internet Is Wrong About the Tajani Decree | The Aprigliano Brief