Minor Issue: The Italian Supreme Court's Joint Sections
Put an End to a Years-Long Debate
For years, the so-called Minor Issue has been one of the most controversial issues in Italian citizenship by descent. On 27 July 2026, the Joint Sections of the Italian Supreme Court finally settled the debate, ruling that, under the legal framework in force before March 2025, a parent's naturalization during a child's minority does not automatically interrupt the transmission of Italian citizenship.
Until this ruling, many Italian courts held that a child born abroad automatically lost Italian citizenship if their Italian parent naturalized while the child was still a minor. As a result, that child was considered unable to pass Italian citizenship on to their own descendants.
With Judgment No. 24045 of 26 July 2026, published on 27 July 2026, the Court definitively rejected that interpretation, bringing an end to years of conflicting case law. The Court adopted an interpretation favorable to descendants of Italian citizens, bringing an end to the conflicting case law that had characterized this issue for years.
Two Key Aspects of the Minor Issue That Often Cause Confusion
1. The Decision Applies Exclusively to the Legal Framework in Force Before the 2025 Reform
The debate arose from the interpretation of Law No. 555 of 1912, which governed Italian citizenship before the entry into force of Law No. 74/2025 in March 2025.
Accordingly, the Italian Supreme Court's ruling applies exclusively to cases governed by the legal framework that existed before Law No. 74/2025. In practice, this includes proceedings initiated before the March 2025 reform.
The new law has already addressed this issue expressly. It provides that, where the Italian-born ancestor is the applicant's parent, the continuity of Italian citizenship is broken only if the parent lost Italian citizenship before the applicant was born, rather than before the applicant reached the age of majority.
As a result, this ruling does not have any direct effect on applications governed by the new legal framework.
2. The Minor Issue Applies Exclusively to Descendants Born Outside Italy
The so-called Minor Issue applies exclusively to cases involving descendants who were born outside Italy.
It does not apply to cases where the descendant was born in Italy, later emigrated with their parents, and lost Italian citizenship while still a minor as a result of a parent's naturalization.
In these situations, the chain of Italian citizenship is still considered to have been interrupted.
The Joint Sections' Decision
With Judgment No. 24045/2026, the Joint Sections of the Italian Supreme Court established a legal principle that is set to become the leading interpretative authority for all Italian courts.
The Court held that, under the legal framework in force before the 2025 reform, a child born outside Italy who had already acquired Italian citizenship does not automatically lose that citizenship as a result of their parent's naturalization while the child is still a minor.
As a result, Italian citizenship continues to pass through the line of descent, and the so-called Minor Issue must now be considered definitively resolved for cases governed by the pre-2025 legal framework.
Why Is This Judgment So Important?
The Joint Sections' decision represents one of the most significant rulings issued by the Joint Sections of the Italian Supreme Court on Italian citizenship in recent years.
Its implications are far-reaching.
1. It brings an end to judicial uncertainty
In recent years, some Italian courts recognized Italian citizenship, while others rejected substantially identical cases.
The ruling of the Joint Sections of the Italian Supreme Court finally harmonizes the interpretation of the law.
As a result, for all proceedings still pending under the legislation in force before March 2025, the so-called Minor Issue can now be considered definitively resolved.
As a consequence, thousands of families now have a significantly stronger legal position.
2. It opens new opportunities for those whose applications were denied
This ruling creates new opportunities for families whose applications for Italian citizenship were denied solely because of the Minor
Issue.
In particular:
- Those whose application was rejected by an Italian Municipality (Comune) or an Italian Consulate may file a petition before the court with jurisdiction over their Italian ancestor's place of birth, with no time limit, provided that their case is governed by the legislation in force before March 2025.
- Those who received an unfavorable judgment from an Italian court may consider filing an appeal within the time limits established by law (generally within six months from the publication of the judgment, unless the judgment has been formally served).
On appeal, the case will be reconsidered in light of the principle of law established by the ruling, which now constitutes the authoritative interpretative reference for all Italian judges.
3. It provides greater legal certainty ahead of the Court of Justice of the European Union's decision
This ruling does not alter the new legislation that entered into force in March 2025.
The question of whether the 2025 reform can be applied retroactively to individuals born before March 27, 2025, is still pending before the Court of Justice of the European Union (for more information, please read our dedicated article here).
This issue could prove decisive in the coming years. If the Court of Justice rules that the new legislation cannot be applied retroactively to individuals born before March 27, 2025, those applicants would once again be governed by the previous legal framework.
In that scenario, the Joint Sections' ruling would become even more significant, as it would definitively eliminate the risk of denial based on the Minor Issue for all applicants whose cases would once again be assessed under Italian Law No. 555 of 1912.
Conclusion
Judgment No. 24045/2026 of the Joint Sections of the Italian Supreme Court marks a historic turning point in Italian citizenship law.
After years of conflicting interpretations, the Court has finally clarified that, in cases governed by the legislation in force before the 2025 reform, a parent's loss of Italian citizenship during their child's minority does not automatically interrupt the transmission of Italian citizenship.
At a time of significant legislative and judicial developments, it is essential to assess each case individually with the support of professionals experienced in Italian citizenship law, in order to identify the legal strategy best suited to the applicant's specific circumstances.
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Article written on August 4th 2026
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