Italy's Supreme Court postpones ruling that could change blood citizenship rules

The hearing scheduled for January 13, 2026, in the United Sections of the Italian Supreme Court, has been postponed. A new date is expected to be set between February and April of the same year.

The decision was announced this Tuesday, October 28, 2025, by attorney Marco Mellone, who is responsible for the cases to be analyzed. The postponement was ordered by the Chief Justice, who cited the legal complexity of the cases and the need for more time for the judges to prepare.

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Lawsuits discuss citizenship denied based on 1912 law

The lawsuits concern cases No. 18354/2024 and No. 18357/2024, filed by Italian-American families who were denied citizenship based on the old Law No. 555/1912. The cases were forwarded to the United Sections — the highest instance of Italian civil justice — on Mellone's initiative.

The main point to be judged is whether Law No. 74/2025, which restricts citizenship iure sanguinis (by blood), can be applied retroactively to applications initiated before its entry into force. The legislation originated from Decree-Law No. 36/2025 and affects thousands of descendants of Italians abroad.

Court to assess loss of citizenship for minors with naturalized parents

Another central theme of the hearing will be the constitutionality of article 12.2 of Law No. 555/1912, which stipulates the automatic loss of Italian citizenship for minors when their parents become naturalized in another country.

The analysis will consider whether this loss, considered involuntary, is compatible with constitutional principles — especially in cases where the child was born with the new nationality.

Decision will serve as a reference for the entire Italian Judiciary

The decisions of the United Sections have normative effect. They guide all civil courts in Italy and directly influence bodies such as Parliament and the Ministry of the Interior.

For lawyer Marco Mellone, the decision could mark a new stage for descendants: "After the new law approved by Parliament, which caused so much insecurity, 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."