A new case brought to the Court of Cassation with the “minor issue” involved
The case
A new case has been brought to the Court of Cassation: it concerns two applicants who submitted a claim for recognition of Italian citizenship by descent using a lineage characterised by the “minor issue”.
The central issue is whether the automatic loss of Italian citizenship of a minor child as a consequence of their parent acquiring foreign citizenship (described in Article 12 of Law 555/1912), applies in cases where the child was born as a dual citizen.
Specifically, the applicants’ defence argued that the son of the Italian ancestor was a US citizen by the principle of ius soli (being born on US soil) and simultaneously an Italian citizen by the principle of ius sanguinis (being born to an Italian parent). This case is clearly outlined by Article 7 of Law No. 555/1912 and it grants the individual the right to keep Italian citizenship.
What happens now?
On July 18th, 2025, the Court of Cassation presented the above case to the United Sections (Sezioni Unite) to clarify whether to deny citizenship in cases where the applicant’s ancestor was a minor when the parents acquired foreign citizenship, without taking into account the child’s place of birth.
Given that the Court of Cassation has recently issued other rulings concerning the same topic (for example on April 8th, 2025), it is clear that the Judges consider it necessary to carefully evaluate whether to confirm or overcome the Court’s current interpretative stance regarding the “minor issue” (Articles 7 and 12 of Law No. 555/1912).
Since a potential shift in the Court of Cassation’s interpretation could have a significant impact on several citizenship applications, it is crucial to closely monitor upcoming judicial developments.
For further information on this topic you may check out the following article Are you confused by the new interpretation of the minor case? Hang on
This article was written by Giuditta De Ricco and Francesca Falchi.
