The debate over Italian citizenship by descent and the so-called “minor issue” is entering a decisive phase. After months of uncertainty and conflicting interpretations, the hearing date before the Court of Cassation has finally been set. The Court is expected to rule on legal questions of major importance for thousands of applicants.

The hearing has been scheduled for April 14, 2026. On that date, the judges will examine several interpretative issues that in recent months have led to numerous appeals and conflicting decisions.

Main issues before the Court

Loss of citizenship in cases involving minors

The core of the “minor issue” concerns the status of minor children when an Italian ancestor naturalizes as a citizen of another country.

In particular, the Court will need to clarify whether minors automatically lose Italian citizenship if their parent acquires a foreign nationality, especially in countries that follow the principle of jus soli, meaning citizenship is granted to those born on national territory.

The main legal references are Articles 7 and 12 of Law No. 555 of 1912, which governed the transmission and loss of citizenship in cases of naturalization abroad.

A highly anticipated and decisive hearing

The Court’s decision is especially awaited because it could provide a definitive orientation on two issues that directly affect thousands of Italian citizenship recognition cases around the world.

The ruling of the Court of Cassation is expected to clarify complex interpretative aspects and, above all, to harmonize case law on matters that in recent years have generated significant discrepancies among courts and consular offices.

The hearing on April 14, 2026 therefore represents a crucial step, likely to influence the future of citizenship-by-descent applications and to define the legal boundaries of the so-called “minor issue.”

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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.