The Italian Supreme Court convened a united‑section hearing on 14 April 2026 to resolve the “minor‑age issue,” a long‑standing dispute over whether a child who is a minor when an Italian parent acquires foreign citizenship by naturalisation automatically loses Italian citizenship.
Background
- Prior to 1975, Italian law defined a minor as anyone under 21 years of age.
- The issue arises when an Italian‑born ancestor emigrates, becomes naturalised abroad, and the child—born in the foreign country—remains a minor at that moment.
- Conflicting rulings have emerged from civil courts, courts of appeal, and the Supreme Court itself, with some decisions granting citizenship retention and others ordering loss.
Legal question
- Does a child lose Italian citizenship only when they simultaneously acquire a foreign citizenship with the parent, or does the parent’s naturalisation alone trigger loss for the child?
Supreme Court hearing
- The hearing was not a routine panel but a united‑section session, bringing together all sections of the Court.
- Ten judges, led by the Court president, participated to produce a single, authoritative interpretation.
- The Court will consider two possible readings of the law:
- Restrictive interpretation – the child loses Italian citizenship because the parent’s naturalisation causes the loss, regardless of the child’s prior foreign citizenship.
- Restrictive‑by‑acquisition interpretation – loss occurs only when the child acquires foreign citizenship at the same time as the parent; if the child already holds foreign citizenship by birth (e.g., a U.S.‑born child who is automatically a U.S. citizen), no loss occurs.
Prosecutor’s opinion and the Tyani Decree
- The Italian General Prosecutor, required to attend, expressed a positive opinion: a minor child should not lose Italian citizenship when the parent naturalises.
- The prosecutor also voiced opposition to the Tyani Decree (issued March 2025), which introduced stricter rules affecting citizenship transmission. Their stance suggests the Court may address and potentially limit the Decree’s impact in its forthcoming ruling.
Expected timing and authority of the decision
- No exact date has been set, but a decision is anticipated later in 2026.
- While Supreme Court rulings are not formally binding on lower courts, they carry decisive persuasive authority. A divergent lower‑court ruling would likely be appealed and ultimately be required to align with the Supreme Court’s interpretation.
Practical implications
- Pending cases filed under both the old and the new (post‑Tyani Decree) rules could be affected, especially those involving children who were minors at the time of a parent’s naturalisation.
- A ruling favoring the “acquisition‑only” interpretation would preserve citizenship for many applicants who already hold foreign citizenship by birth, potentially overturning recent adverse decisions.
- Conversely, a restrictive ruling could invalidate a substantial number of pending applications, prompting further appeals.
Applicants and legal practitioners should monitor the Supreme Court’s decision for guidance on how to structure citizenship claims involving minor children and be prepared for possible appeals if lower courts issue contrary rulings.
