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ARTICLE · 29 JULY 2026

Italian Citizenship By Descent: Supreme Court Minor Issue Update

The long-awaited decision of the Joint Civil Sections of the Italian Supreme Court of Cassation (Sezioni Unite) has finally arrived. With Judgment No. 24045 of 26 July 2026, the Court addressed one of the most controversial questions surrounding Italian citizenship by descent, often referred to as the “minor issue” (questione dei minori).

ItalyLitigation, Mediation & Arbitration

The long-awaited decision of the Joint Civil Sections of the Italian Supreme Court of Cassation (Sezioni Unite) has finally arrived. With Judgment No. 24045 of 26 July 2026, the Court addressed one of the most controversial questions surrounding Italian citizenship by descent, often referred to as the “minor issue” (questione dei minori).

The judgment follows the hearing held on 14 April 2026 and provides important clarification for descendants of Italians whose parent lost Italian citizenship through naturalisation while the child was still a minor.

The decision confirms, in substance, the interpretation that many lawyers had maintained for years: the voluntary naturalisation of an Italian parent during the child's minority does not automatically result in the loss of the child's Italian citizenship when the child was already an Italian citizen by birth and also held another citizenship acquired by ius soli.

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