The Supreme Court of Cassation, citizenship, and the “Minor Issue”: hearing Scheduled for April 14, 2026

On April 14, 2026, the Supreme Court of Cassation will be called upon to address one of the most debated issues of recent months concerning Italian citizenship. After a long period of uncertainty and conflicting interpretations, the judges will finally examine the appeals regarding the so-called “minor issue” and the effects of the most recent legislative changes.

The hearing is particularly important because it could affect thousands of people seeking recognition of Italian citizenship iure sanguinis (by right of blood). For some time, the debate has revolved around two fundamental aspects: on the one hand, the possible retroactive application of the new rules introduced in 2025; on the other, the loss of citizenship by minor children when their Italian ancestor acquires a foreign citizenship.

The question of retroactivity

Among the issues the Court will have to evaluate is the impact of Decree-Law No. 36/2025, later converted into Law No. 74/2025. The reform introduced a generational limit for those applying for recognition of Italian citizenship by descent.

According to many appellants, however, this rule should not be applied to situations that already existed. The reason is simple: anyone born to an Italian ancestor would be considered an Italian citizen from birth, even if formal recognition is requested only many years later.

For this reason, part of the legal scholarship argues that a rule introduced later cannot retroactively eliminate an original right. Furthermore, it is pointed out that a decree-law, being an instrument intended to address urgent and extraordinary situations, should not affect rights that had already accrued beforehand.

The issue of minors

The second topic at the center of the hearing concerns the so-called “minor issue,” namely the loss of Italian citizenship by minor children when the parent or Italian ancestor becomes naturalized in another country.

In particular, the Court will have to clarify how Articles 7 and 12 of Law No. 555 of 1912 should be interpreted. The doubt concerns cases in which an Italian citizen becomes a citizen of a foreign state and the children, born in that country, automatically obtain local citizenship by virtue of the principle of jus soli.

According to one interpretation, the minor would automatically lose Italian citizenship together with the naturalized parent. Another interpretation, however, holds that the child retains the right to Italian citizenship, especially when the foreign citizenship is acquired automatically at birth and not through a voluntary choice.

It is precisely on this point that the Court of Cassation will be called upon to take a position, providing guidance that is likely to have significant effects on future proceedings.

A highly anticipated decision

The ruling that follows the April 14, 2026 hearing could represent a decisive step in clarifying a legal framework that, in recent years, has generated uncertainty and litigation. Expectations are high, both among legal professionals and among communities of Italian descendants living abroad and, for many, this will be a decision destined to shape the future of Italian 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.