On 14 April 2026, the Supreme Court of Cassation reviewed key legal issues concerning Italian citizenship by descent (iure sanguinis).
The case focused on two main points:
- interpretation of Article 7 and 12 of Law No. 555/1912, particularly regarding the automatic loss of citizenship for minors (“minor issue”);
- the scope of application of Decree-Law No. 36/2025 and whether it can affect individuals born before its entry into force.
The lawyers asked the Court to consider whether to refer the matter related to the validity of art. 7 and12 to the Constitutional Court (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) given the possible large-scale impact on descendants of Italian citizens abroad.
A decision is expected within the next 2-3 months, and it may have significant implications for Italian citizenship law and millions of people of Italian descent worldwide.
This article was written by Giuditta De Ricco, Francesca Falchi and Ginevra Gaggelli.
For related posts on this topic, you may check 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
