A Italian Court of Cassation The court will rule next week, on April 14, 2026, on key issues regarding Italian citizenship by descent. The decision could affect thousands of applications and change the interpretation of current rules.
Experts consulted by Italianism They assess that the judgment in this Court is predominantly technical in nature. The analysis is centered on the interpretation of existing norms and the standardization of legal understandings.
This profile differs from the role of the Constitutional Court., which can make decisions with greater institutional impact.
The lawyers involved in the proceedings were also contacted, but they preferred not to give interviews before the hearing. "out of respect for the Supreme Court."
What will be decided?
The United Chambers of the Court will analyze two main issues. (RG.18354/2024 and RG.18357/2024).
The first issue concerns the potential loss of Italian citizenship for minor children when their father or mother becomes naturalized in another country.
The second question involves the application over time of the new 2025 law, which changed the rules for recognizing Italian citizenship. In other words, whether the law applies only to the future or also affects the past.
Can children of Italians lose their citizenship?
The central point is the interpretation of an old law from 1912.
The debate is about children of Italians born abroad who already had dual citizenship from birth.
The question is whether these children automatically lose their Italian citizenship when their father or mother becomes a naturalized foreigner while they are minors.
Today there are two understandings. One says that citizenship is lost, following the logic of the time, which prioritized family unity.
Others believe there is no automatic loss of citizenship, since the person was already a citizen of two countries from birth.
The decision will determine which interpretation should prevail.
Why is it important
This definition could directly affect the line of transmission of Italian citizenship.
In many cases, recognition depends on proving that no ancestor lost their citizenship over the generations.
If the Court determines that there was an automatic loss, many lines of credit may be terminated. If it determines that there was no loss, those lines of credit remain valid.
What changes with the 2025 law?
The second point involves the new Italian law of 2025. The law created more restrictive rules for the recognition of citizenship by descent.
It establishes that people born abroad and with another citizenship may be considered as not having acquired Italian citizenship, with some exceptions.
One of these exceptions applies to those who had already placed their order by March 27, 2025.
Can the law apply to the past?
The big question is whether this new rule can be applied to people who were born before the law. In other words, whether someone who already had the right to citizenship could lose that right because of the new rule.
This discussion involves the concept of retroactive application of the law.
The court's decision will indicate whether the new rule can affect old cases or only new requests.
Who could be affected?
The impact is widespread.
The following may be affected:
- Descendants of Italians who have not yet filed a claim;
- People with ongoing processes (that were initiated after March 28, 2025);
- Families that depend on the continuity of citizenship across generations.
The decision could also influence courts and consulates.
Why the decision is considered historic
The ruling should unify understandings that are currently divergent. Furthermore, it will define how old and new rules should be applied together.
The result could set a standard for all future cases of Italian citizenship by descent.
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