Italian citizenship and the “Minor Issue”: a historic judgment by the Court of Cassation

The Court of Cassation definitively clarifies the minor issue

With judgment No. 24045 of July 26, 2026, the Joint Chambers of the Italian Court of Cassation put an end to one of the most significant disputes concerning Italian citizenship iure sanguinis: the so-called minor issue. This decision is expected to have a substantial impact on the interpretation of the historical provisions contained in Law No. 555/1912 and, consequently, on numerous applications for recognition of Italian citizenship.

For years, courts and administrative authorities have not always adopted a uniform approach regarding the effects of an Italian parent’s naturalization on the citizenship status of minor children. The decision of the Joint Chambers now provides a definitive interpretation by clearly distinguishing between the different situations regulated by law.

The role of Articles 7 and 12 of Law No. 555/1912

The core of the decision concerns the interpretation of Articles 7 and 12 of the former Italian Citizenship Law No. 555/1912, provisions that governed cases of retention and loss of Italian citizenship before the introduction of subsequent legislation.

According to the Court, these two provisions apply to different circumstances and cannot be treated as interchangeable.

When Article 7 applies

Article 7 protects minors who already hold two citizenships from birth.

This occurs, for example, when a child is born in a country that automatically grants citizenship according to the principle of jus soli, while having an Italian parent. In such a situation, the child acquires both Italian citizenship by descent and the citizenship of the country of birth at the same time.

The Court of Cassation held that the parent’s subsequent naturalization abroad does not automatically result in the child losing Italian citizenship, precisely because the child was already a citizen of two countries from birth.

When Article 12 applies

Article 12 concerns a different situation.

It applies to minors who, at birth, possess only Italian citizenship and later acquire a foreign citizenship solely as a consequence of the parent’s naturalization and while residing with that parent.

In this case, the acquisition of the foreign citizenship occurs derivatively, as a direct consequence of the parent’s loss of Italian citizenship, according to the legal system in force at the time.

A principle with significant consequences for citizenship cases

The decision of the Joint Chambers represents a fundamental reference point for both courts and administrative authorities dealing with applications for recognition of Italian citizenship.

The principle established by the Court is particularly relevant for individuals who held dual citizenship from birth. In these cases, the loss of Italian citizenship cannot be considered an automatic consequence of the parent’s naturalization.

According to the Court, Italian citizenship may only be lost through a valid and explicit renunciation made by the individual after reaching adulthood or after emancipation, when the person is no longer subject to parental authority.

Practical implications

The judgment finally provides greater legal certainty in an area that has generated conflicting interpretations for many years.

Cases that were previously disputed may now be assessed according to the criteria established by the Court of Cassation, distinguishing between those who were dual citizens from birth and those who acquired foreign citizenship only later as a result of their parent’s naturalization.

Attention to current legislation

Although this decision definitively clarifies the interpretation of the historical provisions contained in Law No. 555/1912, anyone wishing to submit an application for recognition of Italian citizenship today must also carefully verify the requirements established by the current legislation.

In particular, it is necessary to consider the impact of the provisions introduced by Law No. 74/2025, which amended the legal framework applicable to new applications for recognition of Italian citizenship iure sanguinis.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.