The Italian Supreme Court’s United Sections has issued a landmark ruling that removes the “minor age” barrier to acquiring Italian citizenship. The court determined that the age of a child at the moment an Italian ancestor becomes naturalized no longer causes loss of citizenship, allowing the child to retain Italian nationality alongside any other citizenship they hold.
Background on the minor‑age rule
- Age of majority – In Italy the age of majority was 21 until 1975, when it was lowered to 18.
- Previous practice – Courts and consulates often rejected citizenship claims when the applicant’s Italian ancestor had been naturalized while the applicant was still a minor. This was based on guidelines (circa “CHIR”) from the Ministry of the Interior.
What the Supreme Court decided
- The Supreme Court clarified that the child’s age at the time the ancestor’s naturalization occurs is irrelevant.
- A child born abroad to an Italian parent who later naturalized can keep Italian citizenship, even if the naturalization happened while the child was underage.
- The decision applies retroactively to cases previously denied on this ground.
Immediate impact on pending applications
- Civil court cases – Courts that previously had discretion to deny or approve such cases must now approve them, unless the judgment was already rendered before the ruling. In that situation, an appeal can be filed citing the new Supreme Court precedent.
- Consular applications – Consulates are expected to revise their internal guidelines (a new “CHIR” is likely to be issued) and begin approving cases that were previously rejected due to the minor‑age issue.
- Applicants who have recently received a rejection on this basis can appeal with a high likelihood of success, referencing the Supreme Court decision.
Practical steps for applicants
- Verify the basis of the rejection – Ensure the denial was solely due to the minor‑age rule.
- File an appeal – Submit the appeal to the appropriate civil court or consulate, attaching the Supreme Court ruling as legal support.
- Prepare documentation – Provide proof of the ancestor’s Italian citizenship, the date of their naturalization, and the applicant’s birth certificate.
- Monitor Ministry updates – Watch for the forthcoming internal guideline (“CHIR”) from the Ministry of the Interior, which will formalize the new procedure for consulates.
Interaction with the “Tayani” (or “Diana”) decree
- The recent ruling concerns the old legal framework that governed citizenship claims before the “Tayani” decree was enacted.
- Under the new decree, eligibility requires that the Italian ancestor be a citizen at the time of the applicant’s birth. The Supreme Court decision eliminates the minor‑age obstacle, but it does not alter the requirement concerning the ancestor’s citizenship status at birth.
- The “Tayani” decree is currently under review by the Italian Constitutional Court and the European Court of Justice. Until those proceedings conclude, the precise effect of the Supreme Court ruling on the decree remains uncertain.
- Future clarifications from the Ministry of the Interior are expected to address how the two legal instruments coexist.
Outlook
The Supreme Court’s decision is a decisive step toward simplifying the acquisition of Italian citizenship for descendants of naturalized ancestors. While it resolves the specific “minor‑age” obstacle, applicants must still satisfy the broader criteria set out in the “Tayani” decree, whose final interpretation is pending further judicial review. Keeping abreast of official updates will be essential for anyone pursuing Italian citizenship under the revised framework.
