- within Real Estate and Construction, Litigation, Mediation & Arbitration and Technology topic(s)
- in European Union
What Is the April 14 Cassation Hearing for Italian Citizenship?
On April 14, 2026, the United Sections of the Corte di Cassazione (Sezioni Unite) met to provide a definitive ruling on the "minor issue". This hearing aimed to resolve conflicting interpretations between different courts and clarify whether a parent's naturalization during a child's minority ends the possibility of passing citizenship to future generations.
What Is the Minor Issue in Italy and in Italian Citizenship Cases?
The minor issue refers to situations where an Italian citizen naturalized as a foreign citizen while their child was still a minor. Some authorities argue that the child automatically lost Italian citizenship with the parent, while other courts disagree.
This has created years of uncertainty in Italian citizenship by descent cases.
The April 14 hearing is expected to clarify:
- Whether minors automatically lost citizenship rights
- Whether citizenship transmission can continue through that line
- Whether previous rejections may be challenged
- How consulates and courts must apply the rule in future cases
When will the Sezioni Unite decision be published?
After a hearing before the Italian Supreme Court, the written judgment is not issued immediately. It may take several weeks or even months depending on the complexity of the matter.
The Role of Law 555/1912
Historically, under Law No. 555 of 1912, if an Italian father naturalized in a foreign country, his minor children living with him also lost their Italian citizenship. For decades, this was interpreted leniently if the child was born in a country that granted citizenship by jus soli (right of the soil, such as the US or Australia), as it was believed the child held dual citizenship.
Constitutional Court and Law No. 74/2025 (Tajani Law)
In March 2026, the Constitutional Court rejected challenges to Law No. 74/2025 (often called the "Tajani Law"). This reform introduced significant changes, including:
- Two-Generation Limit: Limiting automatic recognition of citizenship to children and grandchildren of Italian citizens in certain cases.
- Residency Requirements: Some paths now require the Italian ancestor or the applicant to have resided in Italy for specific periods.
- End of "Unlimited" Claims: Long genealogical chains (e.g., great-great-grandparents) are now subject to much stricter limitations or exclusions if filed after March 27, 2025.
Will the Supreme Court Decision Affect Pending Applications?
Possibly yes.
The decision may affect:
- Consular Applications
Italian consulates may review pending files according to the new legal principle.
- Court Cases in Italy
Judges handling 1948 cases or other jure sanguinis litigation may apply the ruling.
- Rejected Applications
Some rejected applicants may be able to reopen or challenge decisions depending on the final judgment.
Arnone & Sicomo: Italian Citizenship Lawyers for Complex Cases
Arnone & Sicomo Law Firm assists international clients worldwide with:
- Italian citizenship by descent
- Minor issue citizenship cases
- 1948 citizenship claims
- Appeals after denial
- Court proceedings in Italy
- Full legal assistance in English
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]