In a pivotal moment for Italian descendants around the world, the Supreme Court of Italy—known as the Corte di Cassazione—has scheduled a hearing for January 13, 2026, that could redefine the legal framework surrounding citizenship recognition by descent. The hearing, set to take place at 10 a.m. during the court’s Aula Magna in Rome, will be conducted by the Sezioni Unite, the highest civil judicial authority in the country.
The cases at the center of the Debate
The court will examine two specific cases: nº 18354/2024 and nº 18357/2024. Both involve families of Italian-American descent who were denied citizenship based on provisions from the century-old Law nº 555/1912. These families had initiated their applications before the enactment of a new law—Decree-Law nº 36/2025, later converted into Law nº 74/2025—which introduced stricter limitations on citizenship recognition through jus sanguinis (right of blood).
Marco Mellone, the lawyer representing both cases, successfully petitioned for them to be heard by the Sezioni Unite. The court will now deliberate on two central issues: the retroactive application of the new law and the constitutionality of automatic citizenship loss for minors.
At the heart of the first issue is whether Law nº 74/2025 can be applied retroactively to citizenship applications that were already underway before its enactment. Mellone argues that the court must consider the principle of ius superveniens, which allows for the application of a new legal norm to ongoing cases if it is deemed relevant and appropriate.
The second issue under review concerns Article 12.2 of Law nº 555/1912, which stipulates that minors automatically lose their Italian citizenship if one of their parents becomes naturalized in another country. This provision has long been criticized for its rigidity and lack of consideration for the child’s individual circumstances.
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Broader implications for Italian law and policy
Decisions made by the Sezioni Unite carry normative weight, meaning they serve as binding interpretations for all lower courts in Italy. Additionally, government agencies such as the Ministry of the Interior and even the Italian Parliament may be compelled to adjust their policies based on the court’s findings.
It’s important to note that these cases are distinct from another high-profile legal challenge currently under review by the Constitutional Court in Turin. That case also deals with citizenship recognition and potential loss but involves different legal arguments and procedural contexts. While both cases touch on similar themes, their outcomes will be determined independently.
Marco Mellone has been vocal about his opinions. “After the new law approved by Parliament, which caused so much insecurity, descendants will finally be able to rely on a law that belongs to them—one grounded in the principles of justice and decided by the highest civil authority in Italy,” he stated.
Whether the court upholds the retroactive application of Law nº 74/2025 or strikes down Article 12.2 of Law nº 555/1912, one thing is clear: Italy is at a crossroads in defining who gets to claim its citizenship—and on what terms.
