Update: The Sezioni Unite of the Italian Supreme Court issued Judgment 24045/2026 on 26 July 2026 on the Article 7 / Article 12 question for people who held another citizenship from birth. The decision benefits only applicants whose citizenship procedure was already pending before an Italian authority. Every case should be reviewed on its individual facts. [6]
Yesterday, the United Section of the Supreme Court held a highly anticipated hearing addressing key issues in Italian citizenship by descent.
The discussion focused on the potential retroactive application of recent restrictions, limits on the transmission of citizenship across generations, and the relationship between citizenship and an individual’s effective connection to the State.
The concerns already identified in the previous hearing were, in fact, confirmed once again yesterday.
What clearly emerged was a significant expansion of the scope of review, also as a result of arguments raised by certain practitioners, which broadened the field of inquiry beyond the specific legal questions at hand.
While this highlights the importance of the issues involved, it also raises concerns.
When the scope of analysis becomes too broad, there is a real risk of narrowing the interpretive space that has, over time, allowed for the effective protection of individual rights.
In citizenship law, balance is essential. Rights are not granted all at once, nor established through abstract principles alone.
They are built progressively,through judicial decisions, consistent interpretation, and case-by-case development.
The hope is that the breadth of the issues considered will not lead to an overly rigid system, but instead preserve a proper balance between general principles and the concrete protection of rights.
We will continue to monitor developments closely and keep our clients and all interested parties fully updated.