Upcoming Italian Supreme Court Hearing on Citizenship by Descent

A landmark moment is approaching for thousands of families pursuing Italian citizenship by descent. Italy’s Supreme Court, the Corte di Cassazione, is preparing to issue a unifying judgment that could redefine how citizenship is recognized and preserved across generations.

Originally scheduled for January 13, 2026, at 10:00 a.m. in the Aula Magna of the Supreme Court in Rome, the hearing before the Sezioni Unite (United Sections) has been postponed to sometime in late winter/early spring 2026. The new date has yet to be determined. When the hearing takes place, this Italian Supreme Court ruling on citizenship will address two vital questions that will shape the future of countless descendants of Italian emigrants.

The Cases Before the United Sections

The Sezioni Unite will examine two connected appeals—cases No. 18354/2024 and No. 18357/2024—both dealing with descendants of Italians who emigrated abroad, including the United States. The appellants’ families were denied recognition of citizenship based on historical interpretations of Italian nationality law. By uniting these cases, the Court aims to issue a principle of law that will guide lower courts and standardize future decisions.

At issue is whether Italy’s new citizenship reform, enacted as Decree-Law 36/2025 (converted into Law 74/2025), can be applied retroactively to older claims, and whether certain individuals ever truly lost Italian citizenship at all.

Question One: Can the New Law Apply Retroactively?

The first and most pressing question concerns the retroactive application of Law 74/2025. The reform introduced new limits on jus sanguinis (citizenship by descent), requiring proof of a “genuine connection” to Italy and setting conditions for recognition when a person was born abroad and already held another nationality.

The Corte di Cassazione must decide if this law applies to:

• Applications filed before March 28, 2025, when the law took effect; and
• Individuals already born under the previous, more generous citizenship rules.

If the Court allows retroactive application, even families who filed before the reform could lose eligibility. But if the Court rules that retroactivity violates legal certainty or equality, earlier cases may remain governed by the prior law, preserving the rights of thousands whose applications are still pending in consulates and courts worldwide.

Question Two: Loss of Citizenship for Minor Children

The second issue involves Article 12(2) of Law 555/1912, an early 20th-century rule that declared a minor child automatically lost Italian citizenship when a parent naturalized in another country. For decades, this provision has been used to deny recognition to descendants whose ancestors became citizens of the United States or other countries while their children were still minors.

The Italian citizenship ruling will determine whether such loss can truly occur without the child’s consent. Legal scholars and recent court opinions argue that automatic loss of nationality contradicts modern constitutional principles, especially the idea that citizenship cannot be taken away without an individual’s will.

If the Corte di Cassazione agrees, it could overturn a century-old interpretation, opening a path to recognition for many families previously excluded under the “minor loss” rule.

The Core Principle at Stake

At the heart of both issues lies a foundational belief: citizenship is a personal right, not a privilege granted or revoked by external forces. The Corte di Cassazione must determine whether Italy’s citizenship laws align with the Constitution’s guarantees of equality and legal certainty.

In practical terms, this means asking whether Italy can create “different classes” of descendants—those whose citizenship is recognized and those whose is denied—based on the date of filing or the choices of a parent made decades ago. Many jurists argue that such distinctions undermine the concept of shared nationality.

The debate echoes Italy’s Constitutional Court Judgment No. 142/2025, which declined to annul Law 74/2025 but reaffirmed that any limitation on Italian citizenship by descent must respect the principle of fairness. The upcoming Italian Supreme Court ruling on citizenship will now decide how that principle applies in everyday cases.

Why This Hearing Matters

The Sezioni Unite serve as Italy’s highest authority on legal interpretation. Once issued, their ruling will standardize how jus sanguinis is applied nationwide, influencing how local authorities handle thousands of pending applications.

For families abroad, the outcome could determine whether citizenship recognition remains open to those with Italian ancestry or becomes limited to a narrower group with closer, more recent ties to Italy. The stakes are huge: recognition of Italian citizenship by descent brings access to European Union rights, the ability to live and work freely across Europe, and the chance to pass citizenship to future generations.

What Happens Next

These cases reached the Sezioni Unite after the Supreme Court identified them in July 2025 as questions of “exceptional importance.” The united judgment, when it comes, will establish a precedent that all courts and administrative offices must follow.

Until that decision is released, the rules of Law 74/2025 remain in force. Applicants must still provide detailed genealogical documentation and, in many cases, show a genuine connection to Italy through family residence, cultural ties, or exclusive Italian lineage. The Interior Ministry’s circulars and consular guidelines continue to govern current applications.

For those juggling the complexities of Italian citizenship by descent, ITAMCAP offers expert guidance on eligibility and documentation. Our team also provides reliable updates on every major Italian citizenship ruling and legislative change, so applicants can stay informed as the law continues to evolve.

Disclaimer: This article summarizes current developments concerning the Italian Supreme Court’s upcoming hearing on citizenship law. Legal interpretations and administrative practices may change as new rulings and circulars are issued.