Italian citizenship by descent: the Court of Cassation to decide at the beginning of 2026

The new year will bring a crucial moment for those claiming their Italian roots. The Court of Cassation, sitting in a Joint Session, has scheduled a public hearing on January 13, 2026, which could redefine the way the right to Italian citizenship by descent is interpreted.

The debate stems from the introduction of the so-called Tajani Decree, namely Decree-Law No. 36/2025, later converted into Law No. 74/2025, which imposes a generational limit on descendants of Italian citizens. This new provision has sparked considerable controversy: many argue that citizenship, being transmitted jure sanguinis from birth, constitutes an original right rather than a privilege subject to temporal restrictions. The central question, therefore, is whether a law enacted recently can affect a right presumed to exist from the moment of birth.

In addition to this interpretative issue, the Court of Cassation will have to address a second equally complex matter: the loss of citizenship by minors. In particular, it will seek to determine whether minor children retain Italian citizenship if their ancestor acquires a new citizenship in another country, especially when it is automatically granted jus soli to children born on foreign soil. The reference laws date back to the historic Law No. 555 of 1912, which still forms the foundation of the Italian citizenship system today.

The decision emerging from the 2026 hearing could have significant repercussions not only on a legal level but also on the personal and identity-related aspects of many Italian-origin families around the world. For many descendants, obtaining official recognition of citizenship means reclaiming a part of their history and, at the same time, gaining access to the rights associated with an Italian passport — including the ability to live, study, and work freely within the European Union.

The verdict of the Court of Cassation, eagerly awaited by communities and specialized law firms, could finally clarify the limits and guarantees of a right deeply rooted in family continuity and generational memory.

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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.