Full Breakdown
Italy’s Supreme Court Overturns “Minor Issue” in Citizenship-by-Descent Cases
7/30/2026, 9:30:55 AM
Core Ruling: Children Retain Italian Citizenship Despite Parents’ Naturalization
On April 14, 2026, the Sezioni Unite of the Court of Cassation heard challenges from three families whose applications had been blocked by the “minor issue.” The Joint Sections issued their judgment on July 26, 2026 (Judgment No. 24045) and reaffirmed that a child born with Italian citizenship does not automatically lose that status when a parent later acquires a foreign nationality. The court held that citizenship acquired “jure sanguinis” is an original, imprescriptible status that can be asserted at any time.
Background: The “Minor Issue” and Recent Legislative Changes
Since 2023, decisions had been interpreted to mean that if an Italian parent naturalized abroad while their child was a minor, the child’s Italian citizenship was interrupted. A circular issued in October 2024 instructed consulates to deny citizenship to descendants born in “ius soli” countries such as the United States, Brazil, Argentina and Canada.
In March 2025, Italy enacted a reform that introduced a two-generation limit and, in May 2025, a ban on dual citizenship for those born abroad. The reform was referred to the European Court of Justice by the Constitutional Court on July 23, 2026. The Supreme Court’s July 2026 ruling addresses only the “minor issue,” not the broader 2025 reforms.
Data & Statistics
- Several hundred thousand families may have been affected by the restrictive interpretation, according to lawyer Marco Mellone.
Official Statements & Responses
- Monica Restanio, representing a Venezuelan family, said the decision “reaffirms a fundamental principle” that citizenship is acquired at birth and remains inalienable.
- The ruling does not automatically reopen cases that have already received final judgments; pending applications must be reassessed in light of the new interpretation.
- The Interior Ministry and Italian consulates have not yet issued a new circular, leaving implementation unclear.
Verbatim Quotes
- “The Supreme Court of Cassation has completely changed its position and gone back, confirming that all these Italian-American families — and, more generally, families in all countries where this situation existed — regain the right to Italian citizenship by descent,” — Marco Mellone, lawyer
- “The decision reaffirms a fundamental principle: Italian citizenship iure sanguinis is acquired at birth; it constitutes an original status; it is imprescriptible, inalienable, and can be asserted at any time.” — Monica Restanio, attorney
Impact and Next Steps
The judgment removes a legal obstacle for descendants of Italian emigrants, particularly in the Americas, by confirming that dual-citizen children retain Italian nationality regardless of a parent’s later naturalization. Applicants with pending cases now have a stronger basis for appeal, while those with final negative decisions will need individual review.
The broader 2025 reforms—especially the two-generation limit and dual-citizenship ban—remain under scrutiny by the European Court of Justice. Until that reference is resolved, the Supreme Court’s decision addresses only the “minor issue,” leaving the overall landscape of Italian citizenship-by-descent in flux.
Conflicting Reports & Gaps
- The ruling clarifies the status of children but does not dictate how the Interior Ministry will adjust its procedures; no official circular has been announced.
- The judgment does not automatically overturn finalized negative decisions, creating uncertainty for applicants whose cases have already closed.
- The relationship between the Supreme Court’s interpretation and the 2025 reform’s generational limits remains unresolved, pending the EU Court’s forthcoming opinion.
