Italy's Supreme Court of Cassation is moving towards a second, more definitive ruling on Italian citizenship by descent. On May 12, the First Civil Section of the court had already recognized, in decision no. 13818/2026, that descendants prevented from filing applications by the consular system itself have the right to resort to the Italian judiciary. Now, the United Sections—the highest and binding instance of the Court—will analyze two issues that could establish a standard for all future cases. The ruling is expected by June 12 or 13, 2026, although the court may extend the deadline.
"We are very close to the decisive verdict from Sezioni Unite."
The assessment comes from lawyer Marco Mellone, representative of case judged on April 14th, in conversation with Italianismo this Tuesday (20).
What will the United Sections decide?
Two cases are on the agenda of the plenary chamber of the Supreme Court of Cassation: RG.18354/2024 and RG.18357/2024. The issues are distinct, but equally crucial for descendants of Italians in Brazil.
First question: Do children of Italians lose their citizenship during their minority?
The first point involves the interpretation of an Italian law from 1912. The question is whether children of Italians born abroad, who already had dual citizenship from birth, automatically lose their Italian citizenship when the father or mother becomes naturalized in another country while the children are minors.
Today, there are two interpretations in Italian courts. One argues that citizenship is lost, based on the logic of the time, which prioritized family unity over paternal nationality. The other maintains that there is no automatic loss, as the person was already a citizen of two countries from birth.
The impact is directly on the transmission lines of citizenship. In many cases, recognition depends on proving that no ancestor lost citizenship over the generations. If the Court finds that there was automatic loss, several lines may be interrupted. If it finds that there was no loss, these lines remain valid.
Second question: can the 2025 law apply to the past?
The second point involves the Italian law of 2025, which created more restrictive rules for the recognition of citizenship by blood. The rule establishes that people born abroad and with another citizenship may be considered as not having acquired Italian citizenship, with one exception: those who had already applied by March 27, 2025.
The central question is retroactivity. Can the new rule be applied to those born before the law came into effect? Can someone who already had the right to citizenship lose that right because of a rule created later?
“Even before considering the new law unconstitutional, is it technically applicable to those who have been considered Italian since birth?” Mellone questioned. According to the lawyer, if the answer is no, there would be no need to analyze the unconstitutionality of the rule.
Through the courts: the door was ajar in May, but with requirements.
If the United Sections' ruling is favorable, all Italian judges would be obliged to follow the Court's understanding. "The doors to Italian citizenship for great-grandchildren would be open again, but only through the judicial process," Mellone believes.
It is important, however, to contextualize this scenario. The decision of May 12th had already partially opened this path, but with specific conditions. The court recognized the right to resort to the judiciary for those who can demonstrate that there was a legitimate expectation of recognition before the changes and that attempts to file a claim were frustrated by the consular system itself. Cases without this documentary proof remain in uncertain territory.
The path through the consulates remains equally undefined. "Through the administrative route, it's not certain that the consulates will follow the Sezioni Unite guidelines," said Mellone, comparing the situation to what currently happens with applications through the maternal line.
Who could be affected?
The scope of the ruling is broad. It could directly impact descendants who have not yet applied for citizenship, people with ongoing processes initiated after March 28, 2025, and families who depend on the continuity of citizenship across generations. The decision could also influence the actions of Italian courts and consulates.
Mellone stated that he has “great confidence in the Cassation” regarding the outcome. The caveat, however, applies to all scenarios: a favorable ruling from the United Sections will not necessarily imply the automatic approval of applications. Each case will continue to be analyzed individually, requiring solid documentation and proof of previous attempts to file applications with the consular system.
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