The recent Court of Cassation ruling has marked another pivotal moment in the evolving landscape of law that affects citizenship by descent cases. On July 26, 2026 Italy’s Supreme Court Joint Sections, Sezioni Unite, issued Judgment No. 24045/2026, bringing long-awaited clarity to one of the most contested issues in citizenship by descent cases known as the Minor Age Rule, often referred to as the “minor issue.” The special panel of judges in the Supreme Court has rejected the restrictive interpretation that had appeared in recent years and returned to the “old” understanding of Italian citizenship law. It has confirmed that a parent’s naturalization while a child is still a minor does not automatically interrupt the child’s Italian citizenship or break the line of citizenship by descent.
What Is the Minor Issue?
The “minor issue” was one of the most substantial legal interpretations to affect Italian citizenship by descent in recent years. It applied to cases where a child was born outside Italy to a parent who is an Italian citizen and that parent later naturalized in another country while the child was still under the age of 21, later reduced to 18 years old (in 1975). For decades, Italian law interpreted this issue to mean that a child had already become an Italian citizen at birth and that the parent’s later naturalization did not automatically cause the child to lose Italian citizenship or interrupt the family’s citizenship line. Thousands of descendants were recognized as Italian citizens under this long-standing interpretation. That changed in 2023 and early 2024, when a series of Supreme Court decisions introduced a much more restrictive interpretation of the law. Under this new approach, if an Italian parent naturalized while their child was still a minor, the child’s Italian citizenship was considered to have been interrupted, preventing many descendants from qualifying for citizenship recognition. Due to these interpretations from the Supreme Court, on October 3, 2024 the Ministry of the Interior issued Circular No. 43347 to Italian consulates and municipalities nationwide to apply this restrictive interpretation when evaluating citizenship-by-descent applications, dramatically changing the outcome of many cases.
What Changed?
The uncertainty created by these conflicting interpretations eventually reached the Supreme Court’s Joint Sections. In the new judgment issued on July 26, 2026, the Court rejected the restrictive interpretation and clarified that a child who was an Italian citizen from birth does not lose that citizenship simply because the Italian parent later naturalizes in another country while the child is still a minor. The parent’s naturalization alone does not interrupt the child’s citizenship line. The decision helps preserve many citizenship lines that had been called into question by the restrictive approach. The Court also reaffirmed that citizenship by descent is presumed to continue unless there is proof that it was legally interrupted.
Does the Decision Apply Immediately?
Yes, but primarily in the courts. While the decision is not a new law, it is the Supreme Court’s highest interpretation of ordinary law, so lower courts are generally expected to follow it. However, the decision does not automatically invalidate the Ministry of the Interior’s Circular No. 43347 of October 3, 2024, which instructed administrative offices to apply the restrictive interpretation of the minor issue. Until the Ministry updates or withdraws that guidance, consulates and municipalities are likely to pause pending applications rather than continue to follow the existing instructions. As a result, applicants affected by the minor issue who pursued citizenship through the administrative process may face delays, but will eventually be approved if all of the other legal requirements are met. On the other hand, those seeking recognition through the courts may benefit immediately from the Supreme Court’s interpretation.
What To Do if Your Case Was Rejected By An Italian Consulate?
If your application was rejected solely because of the “minor issue”, the Supreme Court’s decision provides a strong legal basis for challenging the denial before the competent Italian court. Judicial proceedings allow courts to apply the recent Supreme Court’s interpretation, even if administrative practice has not yet caught up.
What To Do if Your Case Was Rejected By An Italian Court?
Similarly, if your Italian citizenship case was rejected by an Italian court because of the former “minor age issue”, you should strongly consider filing an appeal. The Italian Supreme Court’s Joint Sections Judgment No. 24045/2026 established a new binding interpretation that overturns the legal reasoning many lower courts previously relied upon. Appealing your decision will allow the higher court to apply this new precedent and reverse earlier judgment.
What are your options under the new Tajani Decree if you canceled your appointment or withdrew your application because of the “Minor Age Issue”?
Applicants in this situation are generally in a particularly strong position. Judgment No. 24045/2026 confirms that their inability to complete the consular process resulted from an incorrect interpretation of the law (the Minor Age restriction) rather than any lack of diligence on their part. A canceled consular appointment or a withdrawn application serves as strong evidence that the applicant had already taken concrete steps to pursue recognition before the Tajani Decree was introduced. Accordingly, these circumstances can significantly strengthen a court petition and, if properly documented, can lead to the application being adjudicated under the “old rules”, without the restrictions set by the previous, incorrect interpretation of the “minor age issue”.
In Conclusion
After years of uncertainty and conflicting interpretations the Joint Sections of the Court of Cassation have provided important clarity on the Minor Age Rule and its impact on citizenship by descent cases. While the decision does not resolve every challenge facing applicants, especially those affected by the Tajani Decree, it gives courts a clear interpretation to follow moving forward. As citizenship law continues to evolve in Italy, this ruling serves as an important reminder that legal developments are shaped not by a single decision but by the interaction between legislation, administrative practice, and judicial interpretation.
If your citizenship case has been affected by the Minor Age Rule and you would like your case analyzed, Italian Citizenship Assistance is here to help! You can contact us at [email protected].
