By Atty Adriana Ruggeri
Dear All,
On April 1st, I had the honor of appearing in public hearing before the panel of the First Civil Division of the Italian Supreme Court (Corte di Cassazione) as the third and final case called that day, to argue a petition regarding the well-known “minor issue.”
Significantly, prior to my oral argument and specifically in reference to my petition (Case No. RG 11785/2024), the Advocate General of the Supreme Court, acting in the interest of the State, formally requested that the petition be granted, fully endorsing the legal arguments raised in my petition.
In particular, the Advocate General emphasized:
The special nature of Article 7 compared to Article 12 of Law 555/1912;
The systematic relevance of Article 7 within the broader legal framework on citizenship;
The presence of constitutional concerns where the current rules fail to consider the will and autonomy of the minor in the loss of citizenship following an ancestor’s naturalization—treating it instead as an automatic consequence, absent any individual assessment.
Below is available a link to download the written opinion of the Advocate General, which clearly and precisely outlines the legal grounds supporting the request for acceptance.
I will continue to provide updates as the case progresses. Should the Supreme Court Judge confirm the Advocate General’s position, it would mark the beginning of the long-awaited overruling of the "minor issue."