The Italian Supreme Court has been called upon to review the so-called “minor issue” that has been a cause of contention in citizenship by descent cases in recent years, along with the Tajani Decree that drastically altered the requirements for citizenship by descent earlier this year. In this article, we will explore what these issues and regulations are and how the supreme court could affect them with its ruling.
The minor issue
When it comes to Italian citizenship by descent, there are two ways in which the transmission of citizenship can be affected when the Italian-born parent naturalized while the next-in-line was a minor. In one case, the minor in question was born in Italy. In these instances, the Italian-born minor loses Italian citizenship along with the parent who naturalized as a foreign citizen.
However, cases in which the minor was foreign-born are a different matter. For many years, such children were recognized as retaining Italian citizenship, as they had been born with the inherent right to Italian citizenship by descent, along with the citizenship of their birth country (assuming the country applies jus soli principles, as the U.S. does, or that citizenship was acquired through the other parent).
In recent years, though, these latter circumstances have been challenged by some Italian courts and Italian Consulates, with applications even being rejected on the purported basis that the foreign-born minor lost Italian citizenship when the Italian parent naturalized. Due to conflicting rulings and consular decisions, the Supreme Court (Corte Suprema di Cassazione) will be making a binding decision regarding “minor issue” cases. Initially, this decision was set for January 2026, but recently, it has been postponed, so it is unclear at this time when the Supreme Court will review the minor issue.
Citizenship by descent
The regulations around Italian citizenship by descent have undergone a radical transformation this past year with the introduction of the Tajani Decree in March 2025. Prior to this decree, the requirements for Italian citizenship eligibility were as follows: Have an Italian-born ancestor alive after March 17, 1861; The ancestor did not naturalize as a foreign citizen until after the birth of the next-in-line, if at all; No ancestor since renounced Italian citizenship.
There are a few complications to these rules. For instance, if there is a woman in the direct line, she must have had the next-in-line child after January 1948, when Italy’s constitution went into effect granting men and women equal rights. That said, many applicants have successfully petitioned the courts for their right to Italian citizenship even in cases when a woman had the next-in-line before 1948. Then there is the so-called “minor issue” described above. A final important date is 1992; this is when Italians were allowed to hold dual citizenship. In other words, after 1992, when an Italian acquired a foreign citizenship, he or she did not automatically lose Italian citizenship.
The Tajani Decree
The Tajani Decree created further restrictions to Italian citizenship eligibility. Following the issuance of Decree-Law No. 36/2025 on March 28, 2025, persons could only apply for Italian citizenship by descent in the following cases: 1) Having an Italian-born parent or grandparent. 2) If the parent or grandparent acquired Italian citizenship later in life, they must have lived in Italy for at least two consecutive years before the applicant’s birth. 3) If an application was filed before March 28, 2025, or the applicant received a notification of an appointment before this date, then the applicant can still apply under the old rules.
The Italian Supreme Court’s upcoming decision
The Italian Supreme Court is the highest court in Italy, which appeals primarily coming from the Appellate Court. Once the Supreme Court reaches a decision, no further appeals can be made. Given the weight of its rulings on the decisions of lower courts, it is particularly significant that the Supreme Court will be weighing in on the discussions of the “minor issue” and Tajani Decree. As mentioned, this decision was initially set for January 2026 but has now been postponed.
Italian Citizenship Assistance can keep you up to date on the progress of the Supreme Court’s ruling, along with other important news regarding Italian citizenship by descent. If you would like help with your own application, or are even unsure if you qualify for citizenship, do not hesitate to contact them at [email protected]. You can also visit them online at www.italiancitizenshipassistance.com.
