Italy's Supreme Court Ends the Minor Issue: A Major Victory for Italian Citizenship Applicants
For years, one of the biggest sources of uncertainty in Italian citizenship law has been the so-called "Minor Issue." Thousands of applicants saw their citizenship claims delayed, denied, or placed on hold because of a controversial interpretation of a century-old law.
Now, that uncertainty has come to an end.
On July 26, 2026, the United Sections of Italy's Supreme Court (Court of Cassation) issued a landmark ruling that restored the traditional understanding of Italian citizenship law and rejected the restrictive interpretation that had created the Minor Issue.
For many applicants, this is the most significant citizenship development in years.
If you were previously affected by the Minor Issue, or if you paused your citizenship journey because of it, now is an excellent time to reassess your options. Many applicants who were previously considered ineligible may once again have a viable path forward.
Find out how these developments apply to your family during a free Italian citizenship consultation.
What Was the Minor Issue?
The Minor Issue affected families where:
- An Italian citizen emigrated to a country that grants citizenship by birth, such as the United States, Canada, Argentina, or Brazil.
- A child was born in that country and automatically became a citizen at birth.
- The Italian parent later became a citizen of that country while the child was still a minor.
For generations, Italian authorities generally recognized that these children remained Italian citizens because they had acquired both citizenships at birth.
Beginning in 2023, several court decisions adopted a more restrictive interpretation of the law. In 2024, the Ministry of the Interior incorporated that interpretation into administrative guidance, leading many consulates and municipalities to reject applications that would previously have been approved.
The result was uncertainty for thousands of families seeking recognition of their Italian citizenship.
What Did the Supreme Court Decide?
The Supreme Court has now resolved the debate.
The Court confirmed that a child who was already a dual citizen from birth does not lose Italian citizenship simply because a parent later naturalizes while the child is still a minor.
In practical terms, the Court returned to the interpretation that had been followed for decades before the recent restrictive decisions emerged.
The ruling also reaffirmed a broader principle that many applicants will find encouraging:
Citizenship acquired at birth is a permanent right.
The Supreme Court has once again described citizenship as a permanent and imprescriptible status that cannot simply disappear through silence, inaction, or the actions of another person.
This reasoning may prove highly significant as courts continue evaluating the broader restrictions imposed by Law 74/2025.
Understanding Article 7 vs. Article 12: Who Benefits From This Ruling?
One important point is that the Supreme Court did not eliminate every form of citizenship loss involving minors.
The Court's decision specifically addresses the interaction between Article 7 and Article 12 of Law No. 555 of 1912 and confirms that these provisions apply to different situations.
Article 7: Children Born Abroad With Dual Citizenship at Birth
Article 7 applies when a child is born to an Italian parent in a country that grants citizenship by birth, such as the United States, Canada, Argentina, or Brazil.
In this situation, the child automatically acquires two citizenships at birth:
- Italian citizenship through the Italian parent (jure sanguinis)
- Foreign citizenship through place of birth (jus soli)
Because the child is already a dual citizen from birth, the Supreme Court held that the child's Italian citizenship is protected. If the Italian parent later naturalizes as a foreign citizen, the child's Italian citizenship is not lost.
Example:
Giovanni emigrates from Italy to the United States. His daughter Maria is born in New York and becomes both a U.S. citizen and an Italian citizen at birth. If Giovanni later becomes a U.S. citizen while Maria is still a minor, Maria retains her Italian citizenship.
This is the situation commonly referred to as the "Minor Issue," and it is the scenario resolved by the Supreme Court's ruling.
Article 12: Children Who Held Only Italian Citizenship
Article 12 applies to a different set of facts.
If a child was born with only Italian citizenship and later acquired a foreign citizenship solely because of a parent's naturalization, the Supreme Court confirmed that Article 12 continues to govern that situation.
Example:
Luca is born in Italy and becomes an Italian citizen at birth. His father later becomes a U.S. citizen while Luca is still a minor and residing with him. Because Luca was not already a dual citizen at birth, he acquires U.S. citizenship through his father’s naturalization and loses his Italian citizenship.
In other words, the Supreme Court ruling protects only children who were already dual citizens from birth. It does not protect children who held only Italian citizenship and later acquired a foreign citizenship through a parent’s naturalization while they were still minors. This scenario is commonly known as “Derivative Loss,” and it remains valid under Italian law.
For this reason, eligibility should always be evaluated based on the specific facts of the family line, including where the ancestor was born, what citizenships they held at birth, and how any subsequent foreign citizenship was acquired.
If you are unsure how these principles apply to your family, schedule a FREE CONSULTATION with one of our citizenship specialists.
Why This Decision Matters
For many applicants, the Minor Issue was the single obstacle preventing recognition of Italian citizenship.
With that obstacle now removed, many applicants who were previously considered ineligible may once again have a viable path to recognition.
The decision carries particular weight because it was issued by the United Sections of the Court of Cassation, the highest judicial authority responsible for resolving conflicting interpretations of Italian law.
In simple terms, Italy’s highest court has now provided a definitive interpretation of the issue, bringing much-needed clarity to an area of law that had generated years of uncertainty and inconsistent outcomes.
What Does This Mean for Different Applicants?
Applicants with Consular Appointments Booked or Court Cases Filed Before March 27, 2025
These applicants continue to be evaluated under the pre-decree legal framework. As a result, they are not affected by either the new generational limits or the Minor Issue.
This places them among the strongest-positioned applicants seeking recognition of Italian citizenship.
First-Generation Applicants
Applicants with an Italian parent who was exclusively Italian at the time of their birth generally have a clear path to recognition, regardless of whether that parent later naturalized.
Because the Supreme Court confirmed that children born abroad with dual citizenship at birth retain their Italian citizenship even when a parent later naturalizes, most first-generation applicants who were previously affected by the Minor Issue once again qualify for recognition.
Second-Generation Applicants
For many second-generation applicants, the Minor Issue was the primary obstacle preventing recognition. With that obstacle now removed, attention shifts to the "exclusively Italian" requirement introduced by Law 74/2025 and how courts ultimately interpret and apply that provision.
Third-Generation and Later Applicants
For more distant descendants, the Minor Issue is no longer the central issue.
The focus now shifts to the ongoing legal challenges to Law 74/2025 and its generational restrictions.
On July 23, 2026, Italy’s Constitutional Court referred key questions regarding Law 74/2025 to the Court of Justice of the European Union (CJEU), placing the compatibility of Italy’s citizenship restrictions with EU citizenship rights before Europe’s highest court.
In the meantime, successful outcomes are being achieved in cases involving evidence of prior intent. The CJEU referral has also significantly strengthened the broader legal arguments being advanced on behalf of affected applicants and may ultimately prove decisive in determining the future of Law 74/2025’s restrictions.
Applicants Who Were Previously Rejected, Withdrew Applications, or Abandoned Projects
Applicants who received a consular rejection, canceled a consular appointment, withdrew their applications, or abandoned their project because of the Minor Issue may now have particularly compelling arguments in support of a judicial claim.
Following Judgment No. 24045/2026, it is clear that their inability to proceed was caused by the Minor Issue itself, not by any lack of action on their part. A prior consular appointment, submitted application, withdrawal, formal rejection, or other documented evidence of prior intent can serve as compelling evidence that you actively sought recognition of your Italian citizenship before the legal changes introduced in 2025.
Clients who secured consular appointments before March 27, 2025 and later withdrew, received a rejection, or abandoned their cases because of the Minor Issue are in a particularly strong position. Under the Supreme Court's reasoning, these circumstances provide powerful evidence of prior intent and support arguments that the applicant should benefit from the broader protections available under the legal framework that existed before the changes introduced in 2025.
If you fall under this category and would like to explore filing a court case for recognition of citizenship, please contact us.
An Important Limitation: Consulates May Not Change Course Immediately
As encouraging as this decision is, there is one important reality applicants should understand.
While the Supreme Court has now clarified the correct interpretation of the law, the ruling does not automatically overturn the Ministry of the Interior's October 2024 circular, nor does it eliminate the restrictions introduced by Law 74/2025.
As a result, Italian consulates and municipalities are expected to continue applying the current administrative rules until the Ministry formally withdraws or changes its instructions.
This does not diminish the significance of the ruling. Instead, it means there may be a period of adjustment while government authorities determine how to implement the Court's decision. In addition, if your lineage is still affected by the restrictions introduced by Law 74/2025, you will generally remain ineligible to proceed through the administrative pathway.
For this reason, we believe that the judicial route currently offers the strongest and most reliable path forward for applicants who were previously blocked by the Minor Issue.
Why the Courts Are Now So Important
Although administrative authorities may take time to update their procedures, Italian judges can begin applying the Supreme Court's interpretation immediately.
Because the ruling comes from the highest civil court in Italy, it provides exceptionally strong authority for applicants whose cases reach the judicial system.
For applicants previously affected by the Minor Issue, the judicial route now offers the strongest path forward, particularly in cases involving prior applications, appointments, or documented efforts to pursue citizenship.
Another Positive Development: The European Court Challenge
The Minor Issue ruling is not the only encouraging news for citizenship applicants.
Just days earlier, Italy's Constitutional Court referred important questions regarding Law 74/2025 to the Court of Justice of the European Union (CJEU).
While that referral does not immediately change the law, it confirms that Italy's highest constitutional judges believe significant questions remain regarding the compatibility of recent citizenship restrictions with European law. If the CJEU concludes that Law 74/2025 is incompatible with EU law, Italy may be forced to set aside the offending provisions.
Together, these developments show that the legal landscape continues to evolve and that important citizenship issues remain under active review at both the national and European levels.
What Should You Do Now?
The best strategy remains preparation.
Whether you are actively pursuing citizenship, waiting for a consular appointment, considering a court case, or simply evaluating your eligibility, having a complete and organized document portfolio is more important than ever.
Opportunities often emerge quickly following major legal developments, and applicants who are prepared are usually in the best position to take advantage of them.
If you previously paused your citizenship journey, received a rejection, withdrew an application, canceled an appointment, or closed your project due to the Minor Issue, you may have options that did not exist just weeks ago.
The Bottom Line
The Supreme Court's July 2026 ruling represents a major victory for Italian citizenship applicants.
By restoring the traditional interpretation of the law, the Court has effectively resolved the judicial debate surrounding the Minor Issue before the courts and reaffirmed the principle that citizenship acquired at birth is a protected and enduring right.
While some administrative uncertainty remains, the overall direction is clear: many applicants who were previously blocked by the Minor Issue now have renewed hope and, in many cases, a meaningful path forward.
For thousands of applicants, this ruling represents a renewed opportunity to pursue recognition of their Italian citizenship. If you are unsure how these developments affect your family's eligibility, My Italian Family can help you evaluate your case, understand your options, and determine the most effective path forward.