Italy’s highest court has ruled that children born with Italian citizenship do not automatically lose their nationality if a parent later acquires citizenship in another country. The decision, issued by the Court of Cassation’s top panel on Sunday and published Wednesday, is expected to significantly impact claims for citizenship by descent from descendants of Italian emigrants around the world.
The ruling resolves a long-standing legal controversy known as the “Minor Issue,” which centered on whether Italian children who acquired citizenship by birthright under the principle of “iure sanguinis” (citizenship by bloodline) lose Italian citizenship if their parent naturalizes elsewhere while they are still minors. A restrictive interpretation of the law had been increasingly applied since 2023, resulting in numerous rejections of citizenship applications because authorities deemed the transmission of citizenship interrupted.
In its new decision, the court clarified that children born as Italian citizens retain that citizenship even if a parent becomes a citizen of another country during their minority. This applies particularly in cases involving countries like the United States, which grant automatic citizenship by birth. As a result, these children keep their Italian citizenship and may pass it on to subsequent generations, a reversal from recent rulings that had barred many applicants.
Lawyer Marco Mellone, who represented several applicants, described the ruling as a major shift that reverses the restrictive stance that had prevented many descendants of Italian emigrants—especially in the Americas—from reclaiming citizenship. He estimated that hundreds of thousands of families may have been affected by the prior narrow interpretation.
Legal experts anticipate that this authoritative clarification will strengthen pending and future citizenship claims rejected on the basis of the Minor Issue, providing greater consistency to judges and administrative authorities, including Italian consulates abroad. However, it remains to be seen how quickly the Interior Ministry and diplomatic missions will update their procedures to align with the court’s ruling.
The court’s panel, known as the “Sezioni Unite” or United Sections, holds a unique role in resolving conflicting legal interpretations, with few instances of its decisions being overturned. This ruling comes amid rising demand for citizenship by descent and ongoing debates over eligibility criteria, including a separate law favored by Foreign Minister Antonio Tajani that limits citizenship transmission through distant generations. That legislation is currently under review by the European Union’s Court of Justice, with proceedings expected to begin next year.