Italy’s Supreme Court to Rule on Citizenship by Descent: Key Legal Questions Under Review
Italy’s Supreme Court is preparing to issue a landmark decision that could reshape the rules governing cittadinanza italiana iure sanguinis (citizenship by descent). While the hearing originally scheduled for January 13, 2026 has been postponed to a later date (likely between February and April), the real focus is on the legal challenges the Court will address.
At the heart of the upcoming ruling are two critical legal questions:
1. Retroactive Application of New Citizenship Restrictions
The Court should examine whether Italian Law No. 74/2025, which limits access to citizenship by ancestry, can be applied retroactively to applications submitted before the law came into force. This law stems from Decree Law No. 36/2025 and could affect (and has already affected) thousands of descendants of Italian emigrants worldwide.
2. Constitutionality of Citizenship Loss for Minors
Another major issue is the automatic loss of Italian citizenship for minors when their parents became naturalized in another country. This rule, found in Article 12.2 of Law No. 555/1912, should be scrutinized to determine whether it might violate constitutional principles, especially in cases where the child was born with the new nationality and had no say in the change. It is important however to remember that the Supreme Court had recently stated its opinion on the matter, lastly with its decision no. 454/2024, followed by the Government Circolare No. 43347 of October 3rd, 2024 which fully adopted the Supreme Court’s interpretation of the “minor rule”.
The outcome of this ruling could:
• Redefine who qualifies for Italian citizenship through ancestry
• Impact thousands of pending and future applications
• Clarify the legal status of individuals affected by historical laws
In addition to the above, the Italian Constitutional Court, although from a partly different point of view, will decide soon the constitutionality of the new citizenship law, possibly affecting the above as well.
Keep following us for more updates and do not hesitate to contact us if you would like assistance assessing your personal eligibility or exploring the feasibility of an application
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