The Italian Corte di Cassazione is preparing for one of the most important judgments in recent years regarding citizenship by descent. On April 14, 2026, the Sezioni Unite — the highest instance of Italian civil jurisdiction — will analyze issues that could impact thousands of cases: the historical interpretation of citizenship loss for minor children and the retroactive nature of Decreto Tajani on citizenship rights.
The hearing, originally scheduled for January 2026, was postponed by the Court's Presidency itself due to the "extreme importance of the legal issues involved". Decisions by the Sezioni Unite function, in practice, as law in Italy — they establish principles that all judges in the country must follow.
What are the Sezioni Unite and why this judgment matters
The Sezioni Unite of the Corte di Cassazione are the highest body of Italian civil jurisdiction, convened when there are interpretive disagreements between different sections or courts. Their function is to unify jurisprudence, establishing the definitive understanding that binds all lower instances.
In the field of Italian citizenship, different courts have adopted conflicting interpretations on fundamental issues — especially regarding the automatic loss of citizenship for minor children when an ancestor naturalized abroad. This scenario of legal uncertainty directly affects thousands of Italian descendants seeking judicial recognition.
The decision from this judgment will be followed by practically all Italian courts, ending disagreements and defining clear parameters for present and future cases.
First issue: the "minor issue" and Art. 12 §2 of Law 555/1912
The first issue under debate is known in legal circles as the "minor issue". Art. 12, §2, of Law 555/1912 established that a father's naturalization in a foreign country implied automatic loss of Italian citizenship for minor children as well.
The cases submitted to the Sezioni Unite — two conducted by attorney Marco Mellone and one by attorney Monica Restanio — contest this historical interpretation. The central argument is that children born abroad with dual citizenship from birth could not have automatically lost Italian citizenship simply because their father naturalized.
If the Sezioni Unite accept this understanding, it would be a decision favorable to descendants: it would mean that the chain of Italian citizenship transmission was not interrupted by the ancestor's naturalization, benefiting entire generations who today have their requests denied based on this restrictive interpretation.
Second issue: the retroactivity of Decreto Tajani
The second issue is equally decisive and affects the substantive rights of descendants. Decree-Law 36/2025, converted into Law 74/2025 — known as "Decreto Tajani" or "Shame Decree" by the diaspora — introduced severe restrictions to Italian citizenship recognition by descent.
The decree establishes that anyone born outside Italy who is not a direct child or grandchild of an Italian citizen was never Italian. The retroactivity here does not refer to cases filed before the law — those are protected by the decree's own text. The problem is much deeper: the decree retroacts to the person's birth, declaring that a right that existed from the moment they were born simply never existed.
In other words, third-generation descendants and beyond who, according to previous legislation, were born Italian by right of blood (jure sanguinis), are now treated by the decree as if that right had never existed. This is the nature of retroactivity that the Sezioni Unite must evaluate: can a new law retroactively extinguish a right that a person has carried since birth?
Who can be affected by the decision
The potential impact of this judgment is enormous. According to attorneys Marco Mellone and Graciela Cerulli, specialists in Italian citizenship law, the decision could influence thousands to millions of cases.
For descendants who already filed lawsuits before the decree took effect, the situation is clearer: the law's own text preserves these cases. The Sezioni Unite judgment, however, will have direct impact on those who filed suit after the decree and on all who still intend to seek recognition.
For those who have not yet filed a lawsuit, the decision on the minor issue could open — or close — doors. If the Sezioni Unite recognize that the ancestor's naturalization did not interrupt citizenship transmission to minor children, a significant portion of descendants who today cannot prove the transmission chain may have their rights recognized.
Regarding Decreto Tajani, if the Sezioni Unite declare the retroactivity that eliminates rights from birth illegitimate, the decree will lose its main restriction mechanism — opening the way for great-grandchildren, great-great-grandchildren and later generations to have the right that was always theirs recognized again.
What to expect after the judgment
Regardless of the outcome, the Sezioni Unite decision will bring legal certainty to a field that has experienced years of conflicting interpretations. The established principles will be applied by all Italian courts, ending the current "jurisdictional lottery" where a case's outcome depends on which court handles it.
It's important to note that the April 14 hearing may not result in an immediate decision — the Sezioni Unite may deliberate and publish the ruling weeks or months later. But the judgment itself already represents the decisive procedural moment.
For Italian descendants seeking citizenship recognition, keeping documentation organized and historical records accessible is fundamental. The search for Italian historical records can be the first step to understanding your specific situation and preparing for the developments of this historic judgment. If you have questions, contact our team.
