Minor issue news

As part of our continued updates on the “minor issue” in Italian citizenship law, we are pleased to share a significant procedural development. The United Sections (Sezioni Unite) of the Italian Supreme Court (Corte di Cassazione) have officially scheduled a hearing for January 13, 2026.

This marks a crucial step forward.

The referral to the United Sections—announced on July 18, 2025—reflected the Court’s recognition of conflicting interpretations among its divisions regarding Articles 7 and 12 of Law No. 555/1912.

By scheduling the hearing with the United Section, the Court is moving toward a definitive and authoritative resolution.

This development aligns with the broader line of legal reasoning that has been raised in various recent proceedings including the one on April 1, 2025 oral hearing before the First Civil Division in Case No. RG 11785/2024, during which we presented arguments challenging the automatic loss of Italian citizenship by minors in cases of parental naturalization. Notably, the Advocate General supported our position, underscoring the constitutional and systemic implications of the current legal interpretation.

These are the two questions referred to the Court, quoted exactly as stated:

i) whether, pursuant to Law no. 555 of 1912, the child of an Italian citizen born abroad—being able to acquire simultaneously Italian citizenship iure sanguinis and the citizenship of the place of birth iure soli—was, as a rule, entitled—under Article 7—to retain dual citizenship, thus remaining in all respects an Italian citizen, unless he/she renounced it upon reaching the age of majority, unless the cohabiting father, by application of the provisions set forth in Article 12, paragraph 2, lost Italian citizenship through a voluntary act while the child was still a minor, with acquisition of another citizenship by naturalization (by virtue of a decision which, having been made by the head of the family holding patria potestas, within the legal framework applicable ratione temporis, produced effects also within the legal sphere of the minor children subject to him);

ii) whether, on the contrary, within the overall context of the provisions of Law no. 555 of 1912, Article 12, paragraph 2—referring to minors who "acquire the citizenship of a foreign State" as a result of the loss of citizenship by the parent exercising patria potestas—must be understood as a general provision, from which the rule set forth in Article 7 represents an exception for individuals holding dual nationality from birth, thereby establishing a special and different regime for the loss of citizenship, such that the naturalization abroad of the Italian parent subsequent to the child’s birth did not entail the loss of Italian citizenship by the child, who was a dual citizen, born and residing in a foreign State which regarded him/her as its own citizen by birth (iure soli), while still a minor.

The scheduled hearing indicates the Court’s willingness to address these unresolved questions and bring clarity to a matter affecting thousands of individuals worldwide. We will continue to monitor the docket closely and submit further materials to ensure that all relevant legal intersections—including the implications for 1948 cases—are brought to the Court’s attention.

We will provide additional updates as we know.