Jus Sanguinis Update: Italy's High Court to Address Citizenship Controversies

The Italian legal landscape is poised for significant developments as the Corte di Cassazione's United Sections prepare for a crucial hearing at 10AM CET on January 13, 2026. This highly anticipated session will address two previously referred cases, NRG 18534 and NRG 18357, and a newly added case, NRG 8548/2024, which involves the sensitive issue of minor children's citizenship. The hearing is set to deliberate on the recent laws and the constitutionality of involuntary citizenship loss for minors, decisions that could profoundly reshape Italian and EU law concerning citizenship.

However, this hearing also includes the newly added case that was presented on the 18th September 2025, case NRG 8548/2024. The case was accepted by the President of the 1st Section of the Court of Cassation, Consigliere Pasquale D’Ascola, given that it also involves the minor issue.

This last case is in regards to two sons of an emigrated Italian mother, who applied for recognition at different times. One brother was recognized as an Italian citizen in 2016, while the other one was denied citizenship due to the changes in criteria for jurisprudence after 2017. Thus creating a differentiated treatment that goes against the principle of legal certainty, violating both Italian and EU law.

This hearing has been called to make a ruling on the temporal scope of Law Decree 36/2025 and Law No. 74/2025. Meaning that they will decide if the retroactive application of the new law for those already born before its enactment is constitutional.

Additionally, the court will also rule on whether the involuntary loss of citizenship for minor children who acquired another nationality is compliant with the Italian Constitution. Particularly in regards to cases where minor children gained citizenship outside of Italy through jus soli (as in the USA), but were also born with another citizenship (jus sanguinis) through their mother or father.

The binding nature of the decisions of the United Sections of the Italian Corte di Cassazione (Constitutional Court) has a very strong influence over the lower courts. Their criteria also may impact how the Italian administrations and Parliament can conduct business after a ruling, for example concerning the Circolare 43347 of October 3rd 2024 (The Minor Issue).

The previous decision made by the Constitutional Court on Italian citizenship (iure sanguinis) is the famous 2022 ruling on the Brazilian great naturalization and it was widely followed at court and administrative level ever since.

The upcoming ruling by the United Sections of the Italian Corte di Cassazione is set to be a landmark decision with profound implications for Italian and EU citizenship law. By addressing cases NRG 18534, NRG 18357, and the newly added NRG 8548/2024, the court will deliberate on the constitutionality of involuntary citizenship loss for minors and the retroactivity of recent laws. This includes examining differentiated treatment in citizenship recognition and the compliance of involuntary loss with the Italian Constitution, particularly for those who acquired citizenship through jus soli. The decisions will carry significant weight, influencing lower courts, administrative practices, and parliamentary actions.