Italian Citizenship – ‘Minor Issue’ Doctrine Overruled

A Landmark Decision on Italian Citizenship by Descent: Italy’s Supreme Court Overrules the “Minor Issue” Doctrine

Italy’s Joint Chambers of the Supreme Court (Corte di Cassazione – Sezioni Unite) have issued what is arguably the most significant citizenship decision in recent years.

With Order No. 24045 of 26 July 2026, the Italian Supreme Court has overturned the interpretation that gave rise to the so-called “Minor Issue”, restoring the long-standing legal understanding that had been consistently applied by the Italian Government for more than a century.

What was the “Minor Issue“?

In 2024, a line of Supreme Court decisions held that a child born abroad who acquired Italian citizenship jure sanguinis could lose that citizenship if, while the child was still a minor, the Italian parent voluntarily naturalized as a citizen of another country.

This interpretation was resulted in the rejection of numerous citizenship applications worldwide and created significant legal uncertainty for descendants of Italian emigrants.

What did the Supreme Court decide?

The Italian Supreme Court Joint Chambers have now clarified that Article 7 of Law No. 555/1912 governs the legal status of individuals who acquired dual citizenship at birth through the combination of jure sanguinis and jus soli.

As a result, the Court has affirmed that:

• a child born with both Italian citizenship and the citizenship of the country of birth does not lose Italian citizenship merely because the Italian parent later became a naturalized citizen of another country;

• Article 12 of Law No. 555/1912 does not apply to individuals who already possessed dual citizenship from birth;

• Italian citizenship acquired via jure sanguinis is an original legal status that cannot be lost through an extensive interpretation of the law.

The Court further reaffirmed that rules governing the loss of citizenship must be interpreted strictly, and that, in cases involving dual citizens from birth, any loss of Italian citizenship requires the individual’s own voluntary choice upon reaching adulthood.

Why is this decision so important?

Beyond resolving a highly controversial legal issue, the Supreme Court expressly returned to the historical interpretation that had been followed for decades by the Italian government, supported by opinions of the Council of State and reflected in ministerial circulars.

In doing so, the Court has restored legal certainty in an area that had generated considerable litigation and inconsistent outcomes.

What does this mean in practice?

This decision is expected to have a significant impact on pending judicial proceedings in which recognition of Italian citizenship was denied solely on the basis of the so-called “Minor Issue.”

It is important to note, however, that this ruling does not affect the new restrictions introduced by Decree-Law No. 36/2025 (converted into Law No. 74/2025), such as the generational limit, which continue to govern applications filed after March 27, 2025.

In short, based on the court decision, if you have an Italian ancestor who naturalized after the date of birth of his direct descendent (regardless of his age at the time of the naturalization) you may be considered entitled to the Italian citizenship jure sanguinis.

Strategically important – how to apply for Italian citizenship

Despite this important Supreme Court decision, applicants should bear in mind that, in 2024, the Italian government issued a formal directive (circolare ministeriale) instructing Italian consulates and domestic offices handling citizenship applications (e.g., Comune offices) to reject applications based on the stricter interpretation of the minor issue.

Under the Italian legal system, a court decision does not generally invalidate the law or automatically bind administrative authorities in other cases. Therefore, where there is a conflict between the government’s interpretation, as expressed in a formal directive, and a court decision, Italian consulates and other administrative offices may continue to follow the government’s directive and apply the stricter interpretation of the minor rule.

As a result, applicants may still be required to challenge the government’s position in court on an individual basis, similarly to what has historically occurred with 1948 citizenship cases. As long as the directive remains in effect, and in the absence of express instructions from the government changing the position to be followed by consulates and other citizenship offices, in some cases it may be more practical, time-efficient, and cost-effective to apply for recognition of Italian citizenship directly through the Italian courts.

If you would like to understand how this new ruling may affect your Italian citizenship case and determine the best strategy based on your specific circumstances, you can book a consultation by clicking the button below or submit our Citizenship Screening Form. Choosing the most appropriate route from the outset may help avoid unnecessary delays, costs, and procedural complications.