Italian Citizenship and the “Minor Issue”: summary of the April 14 hearing before the Court of Cassation

Information updated as of 2026

On April 14, 2026, the Court of Cassation was called upon to examine matters of particular importance concerning Italian citizenship by descent, known as jure sanguinis. The hearing focused on several interpretative issues that could significantly affect the recognition of citizenship for millions of people of Italian origin living abroad.

One of the main topics addressed concerns the interpretation of Articles 7 and 12 of Law No. 555 of 1912. In particular, the question is whether minor children automatically lose Italian citizenship if their Italian parent acquires a foreign nationality. This issue, commonly referred to as the “minor issue,” is especially significant in contexts where a foreign state grants citizenship to those born on its territory according to the principle of jus soli.

During the hearing, the lawyers urged the Court to consider referring the question of the constitutionality of these provisions to the Constitutional Court. According to the appellants, the traditional interpretation may be incompatible with fundamental constitutional principles and could have potentially wide-ranging effects on entire generations of Italian descendants abroad.

Another aspect examined concerns Decree-Law No. 36 of 2025 and its possible retroactive application. In particular, the question is whether this legislation can affect legal situations involving individuals born before its entry into force, raising concerns about legal certainty and the protection of established expectations.

The Court’s decision is expected in the coming months and could mark a turning point in the interpretation of the rules on Italian citizenship. The potential consequences extend beyond the legal sphere, also affecting social and cultural dimensions and involving a broad community of Italian descendants worldwide.

Pending the final ruling, the debate remains open, and the outcome of the case may redefine the criteria and limits for access to citizenship by descent.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.