The Supreme Court of Italy – Court of Cassation – scheduled a historic hearing for January 13, 2026, at 10 am, in Roma. In the Court's Aula Magna, the United Sections — the highest instance of Italian civil justice — will analyze two cases that could alter the recognition of Italian citizenship by descent.
The cases are not related to the case currently being analyzed by the Turin Court, which will be heard by the Constitutional Court in early 2026, although they deal with similar issues regarding the loss and recognition of citizenship.
The hearing deals with cases No. 18354/2024 and No. 18357/2024, involving Italian-American families who were denied citizenship based on the former Law No. 555 / 1912. The cases were handled by attorney Marco Mellone, a doctor of law and author of works on the subject, who requested that they be sent to the United Sections due to the relevance of the issues involved.
The trial will discuss whether the new law can apply to requests already initiated.
The central point of the hearing will be the retroactivity of the Decree-Law No. 36/2025, transformed into Law No. 74 / 2025. The new rule imposed limits on the recognition of citizenship jure sanguinis (by blood), affecting thousands of descendants of Italians abroad.
Although the cases were filed before the new law came into effect, Mellone asked the Court to evaluate whether the rule can also be applied to previous cases, based on the principle of ius superveniens (supervening rule). The request was accepted, and the issue will be analyzed on a preliminary basis, with a possible impact on similar ongoing processes.
Children who lost citizenship with their parents' naturalization are also on the agenda.
Another point will be the validity of article 12.2 of Law No. 555/1912, which provides for the automatic loss of Italian citizenship by minors when their father or mother becomes a foreign citizen. The Court will analyze whether this loss, considered involuntary, is constitutional—especially in cases where the minor was born with the new nationality.
Decision could become a legal reference and influence public policies
The decisions of the United Sections have normative force. They guide all the country's courts and directly impact the actions of bodies such as the interior Ministery and ParliamentThe Court is expected to establish the time limits of the new law and determine whether already recognized citizens can maintain that status.
According to Mellone, the hearing will be decisive: “After the new law approved by Parliament, which caused so much insecurity, the descendants will finally be able to count on 'their law', based on the principles of law and decided by the highest body of Italian civil justice.”
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