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Supreme Court Ends the ‘Minor Issue’: Three United-Section Rulings Clarify Jure Sanguinis Citizenship

Jul 30, 2026
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Supreme Court Ends the ‘Minor Issue’: Three United-Section Rulings Clarify Jure Sanguinis Citizenship
In a trilogy of decisions released on 29 July 2026 (Nos. 24184, 24185 and 24045/2026) Italy’s Supreme Court of Cassation, sitting in United Sections, definitively closed the so-called ‘minor issue’ that had haunted Italian citizenship-by-descent (jure sanguinis) applicants worldwide. Until now consulates could deny recognition when an Italian ancestor had naturalised abroad while the next link in the chain was still a minor, holding that the descendant had lost the right to transmit citizenship further. The Court ruled that Article 7 of Law 555/1912—confirmed by Article 11 of Law 91/1992—protects an Italian minor’s citizenship even if the parent loses theirs. The loss is merely potential and must be actively renounced upon majority. Where no renunciation occurs, citizenship persists and transmits uninterruptedly. The judges also held that administrative circulars contradicting this interpretation are ultra vires and may no longer be applied by consulates or municipalities. Practically, the rulings unblock thousands of pending applications in Brazil, the United States, Argentina and Australia. Applicants previously rejected can file a simple ‘istanza di autotutela’ requesting immediate recognition without starting a new court case. Municipalities processing in-country applications must re-open files that were frozen after Circular 43347/2024. For global-mobility managers the judgement widens the pool of dual-national talent who can be seconded intra-EU without work permits. Companies should encourage employees of Italian descent who were previously refused to revisit their dossiers; recognition now takes effect ex tunc, meaning beneficiaries have been EU citizens all along. The Ministry of the Interior is expected to issue an implementing circular within 30 days. Until then consulates have discretion, but most have already begun scheduling new appointments according to internal memos shared on 30 July.
Source: Italian citizenship practitioner live-blog (r/juresanguinis) quoting official rulings

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