Italy’s Corte di Cassazione has scheduled a landmark hearing for January 13, 2026, at 10:00 a.m. in Rome. The case will be heard before the Sezioni Unite, the highest civil division of the court, which will review two appeals that could redefine how Italian citizenship by descent (jure sanguinis) is recognized.
The cases, which involve Italian American families who were denied citizenship, are separate from the one currently under review by the Turin Court, expected to reach the Italian Corte Costituzionale in early 2026. However, they raise similar questions about the loss and recognition of Italian citizenship rights.
At the heart of the hearing is the issue of whether the new Law No. 74 of 2025 - converted from Decree Law No. 36/2025 - can be applied retroactively. The new legislation introduces restrictions on jure sanguinis citizenship, affecting thousands of descendants of Italians abroad. Although the cases were filed before the law came into force, the Supreme Court is being asked to determine whether the statute applies to pending cases under the legal principle of ius superveniens (subsequent law). The request was accepted, and the Court will address the matter preliminarily, a step that could influence numerous similar cases across Italy.
Another key issue concerns the validity of Article 12.2 of Law No. 555 of 1912, which provides for the automatic loss of Italian citizenship by minors when a parent acquires foreign nationality. The Court will examine whether this loss, often considered involuntary, is constitutional - especially in situations where the child was born already holding the new nationality.
Decisions issued by the Sezioni Unite carry binding legal authority, meaning the January ruling could have far-reaching consequences for citizenship claims worldwide.
