Italy’s highest civil court is preparing to issue what could be a landmark decision affecting millions of Italian descendants worldwide, thus affecting Italian citizenship by descent cases.
On January 13, 2026, at 10:00 AM, the United Sections of the Court of Cassation will convene in Rome’s Piazza Cavour to hear two critical cases that challenge the application of Italy’s controversial 2025 citizenship reform.
What’s at Stake
The hearing centers on two fundamental questions that have created legal chaos since the government passed Decree-Law No. 36/2025 (later converted into Law No. 74/2025) this past spring.
That legislation dramatically restricted Italy’s traditional jus sanguinis (citizenship by blood) system, which had allowed unlimited generational transmission of Italian citizenship to descendants of emigrants.
The cases before the court are numbered 18354/2024 and 18357/2024. They entail Italian-American families who had their citizenship denied based on century-old provisions from Law No. 555/1912. Both cases were filed well before the new reform took effect, but they raise urgent contemporary questions about how Italy applies its citizenship laws.
The Retroactivity Question
Here’s where it gets complicated for American applicants. Even though these families submitted their applications before the March 28, 2025, deadline, the attorney handling the cases – Dr. Marco Mellone – has asked the court to consider whether the new law can apply retroactively to already-pending cases.
This might sound counterintuitive. Why would an attorney defending citizenship claimants ask the court to consider applying a restrictive new law to his own clients? The answer lies in a legal principle called ius superveniens (supervening law). By forcing the court to address this question head-on, Mellone is creating an opportunity for Italy’s highest civil authority to establish clear boundaries about when and how new citizenship restrictions can be applied.
The court accepted this preliminary question, and its ruling will have immediate consequences for thousands of citizenship cases currently working their way through Italian tribunals and consulates.
The 1912 Problem: When Parents Naturalized, Children Lost Everything
The second major issue before the court deals with Article 12.2 of the 1912 citizenship law. This provision has haunted Italian-American families for over a century.
Under this article, Italian children automatically lost their Italian citizenship when their father or mother became a naturalized citizen of another country. It didn’t matter that the child never consented. Further, it didn’t matter if the child was born with dual citizenship by birth in a country with birthright citizenship laws. The moment the parent naturalized, the child’s Italian citizenship vanished.
This affected a vast 60-70 percent of Italian immigrants who settled abroad and naturalized while their children were still minors. This means that millions of people who believe they have a claim to Italian citizenship through an Italian-born grandparent may actually have no claim at all—because their parent lost Italian citizenship as a child when their grandparent naturalized in their new country.
The Constitutional Court will examine whether this involuntary loss of citizenship—especially for children who already possessed another citizenship at birth—is constitutional under modern Italian law.
Why This Matters for Italian Citizenship by Descent Applicants
If you’re pursuing Italian citizenship by descent, this hearing has major implications.
For Pending Italian Citizenship by Descent Applications
If your Italian citizenship by descent application was submitted with full documentation before March 27, 2025, at 11:59 PM Italian time, you’re theoretically protected under the new law’s grandfathering provisions. However, the court’s ruling on retroactivity could clarify or alter how strictly this deadline is enforced.
For 1912 Cases
If any ancestor in your direct line naturalized as a citizen of another country while their child (your ancestor) was a minor, your case may be affected by the court’s ruling on Article 12.2. This is particularly relevant for descendants of Italian emigrants who left Italy in the late 1800s and early 1900s.
For Future Policy
The court’s decision will carry what’s called “normative force” in Italy. This means that it will guide all lower courts and influence how the Interior Ministry and Parliament approach citizenship policy going forward.
What the Reform Changed – In a Nutshell
To understand what’s being challenged, it helps to know what the 2025 reform actually did. Previously, Italian citizenship could be transmitted indefinitely through bloodlines, regardless of how many generations had passed or where descendants were born.
Since the reform:
- Descendants born abroad who already possess another citizenship no longer automatically acquire Italian citizenship.
- There are now effectively generational limits (though these are complex and have exceptions).
- Certain exceptions exist for those with parents or grandparents who were exclusively Italian citizens or who resided in Italy for at least two years before the descendant’s birth.
- Recognition already completed by March 27, 2025, or judicial proceedings already initiated by that date, are protected.
Implications of the Upcoming Court Ruling
The United Sections of the Court of Cassation don’t just settle individual disputes—they establish legal principles that become binding across Italy’s entire judicial system. This makes the January hearing especially significant.
Whatever principles the court establishes will shape how Italian citizenship cases are decided for years to come.
A Decision Expected Soon
The court is expected to issue its ruling within weeks or a few months of the January hearing. Given that the hearing is scheduled for early 2026, a decision could come as soon as the end of January or February 2026. However, complex constitutional questions sometimes take longer to resolve.
For the millions of people around the world—particularly in the United States, Brazil, and Argentina—who have Italian ancestry and hope to reclaim Italian citizenship by descent, an authoritative answer is just around the corner.
Written by Daniel Atz, Citizenship.EU Founder.
Sources
- Insieme, “Confermato: le Sezioni Unite della Corte Suprema di Cassazione esamineranno la retroattività del ‘Decreto della Vergogna’ e la perdita della cittadinanza dei minori” – https://www.insieme.com
- Gazzetta Ufficiale, Decreto-Legge 28 marzo 2025, n. 36 – https://www.gazzettaufficiale.it
- Gazzetta Ufficiale, Legge 23 maggio 2025, n. 74 – https://www.gazzettaufficiale.it
- ServiziDemografici.com, “La legge 23 maggio 2025 n. 74 e le nuove regole per il riconoscimento e per l’acquisto della cittadinanza italiana” – https://www.servizidemografici.com
- Ministero dell’Interno, Circolare 26185 del 28 maggio 2025 – https://www.interno.gov.it
- Judicium, “Il decreto-legge n. 36 del 28 marzo 2025: la ‘Grande Perdita’ della cittadinanza italiana” – https://www.judicium.it
- Camera dei Deputati, “D.L. 36/2025 – Disposizioni urgenti in materia di cittadinanza” – https://www.camera.it
- Corte di Cassazione, Ordinanza n. 17161 del 15 giugno 2023 – https://all-in-giuridica.seac.it/
- La Legge Per Tutti, “Cittadinanza iure sanguinis: quando si interrompe?” – https://www.laleggepertutti.it
- Italianismo, “The Italian Court will rule in January on the retroactive validity of the citizenship law” – https://www.italianismo.com.br