Italian Citizenship and “minor issue”:Court of Cassation Schedules Hearing for April 14, 2026
Finally, we are here. Given the importance and relevance of this matter, which is generating significant debate, the judges will now proceed to carefully examine and assess the cases presented.
The main topics under review are:
- Retroactivity of Decree Law n. 36/2025 converted into Law 74/2025: the new law introduces a generational limit for individuals seeking recognition of Italian citizenship by descent. The issue arises because such individuals possess a citizenship right from birth, which they are entitled to exercise at any time. Consequently, a decree-law, being an instrument enacted under emergency situations, cannot retroactively revoke a right that was originally acquired at birth.
- Loss of citizenship by minors: the Court will also clarify whether minor children lose the right to Italian citizenship when their Italian ancestor becomes a naturalized citizen of another country, specifically, when that country grants citizenship by jus soli to children born on its territory (articles 7 and 12, Law n. 555/1912).
This ruling is expected to shed a light on several complex and controversial aspects surrounding these two major topics.
In the meantime, if you have questions, concerns or wish to receive a preliminary assessment of your case, feel free to contact our citizenship team: citizenship@mazzeschi.it
This article was written by Giuditta De Ricco and Greis Muca.
For related articles, you may check out the following:
New Guidelines on Italian Citizenship for Minors | Mazzeschi
Court of Cassation and Italian Citizenship: New Developments in the Interpretation of the “Minor Issue” | Mazzeschi
