Revolutionary ruling regarding Italian Citizenship Iure Sanguinis

In a historic ruling in January 2024, the Italian Supreme Court (Corte di Cassazione Civile) redefined the parameters governing the right to Italian citizenship under the principle of iure sanguinis—or citizenship by bloodline. This landmark interpretation addresses the longstanding complexities of citizenship eligibility for descendants of Italian nationals who voluntarily naturalized abroad, particularly those minors residing with a naturalizing parent.

Understanding Iure Sanguinis and Its Application

The concept of iure sanguinis—citizenship by descent—has long provided a pathway to Italian nationality for descendants born outside Italy. This principle has allowed millions of Italians abroad, particularly in countries with a large Italian diaspora like the United States, Argentina, and Brazil, to maintain a connection to their heritage through citizenship. Yet, the extent to which the citizenship transmission is preserved has, over the years, been fraught with legal ambiguity, particularly when an Italian parent’s naturalization disrupts the family’s Italian lineage.

The Legislative Framework and Recent Clarification

The ruling hinges on Italian Citizenship Law No. 555, enacted in 1912, which remains crucial in governing cases within its timeframe of 1912 to 1992. Under this law, complexities arise when an Italian citizen voluntarily naturalizes in a foreign country while cohabiting with a minor child.

Under Article 12, paragraph 2, of Law No. 555/1912, the court has now clarified that when an Italian parent voluntarily acquires a foreign citizenship while residing with a minor child, that child’s transmission of Italian nationality is deemed interrupted.

Key Legal Provisions and Interpretive Shifts

At the heart of this ruling are Articles 8 and 12 of Law No. 555. Article 8 addresses the automatic loss of Italian citizenship upon voluntary naturalization by an adult, while Article 12, paragraph 2, explicitly states that non-emancipated minors residing with a parent who renounces Italian citizenship will also lose their Italian nationality if they acquire the new nationality of the parent’s adopted country. The minor, thereby stripped of their Italian citizenship by the actions of a parent, is thus viewed by the Italian state as a foreigner.

For such children to reclaim their Italian nationality, the law requires a proactive reinstatement application upon reaching adulthood under Articles 3 and 9. The court’s ruling underscores this point, establishing that descendants must take deliberate steps to restore their citizenship status upon reaching legal adulthood, or they will be regarded permanently as foreign nationals.

Implications of the 2024 Ruling and Correction of Prior Practice

Prior to the 2024 Cassation ruling, the judicial approach to iure sanguinis recognition had often been lenient toward descendants born abroad to naturalized Italian parents, granting citizenship recognition based on the presumption that such cases fell under Article 7, which pertains to children of Italian nationals born abroad who maintained Italian citizenship. The Supreme Court’s new interpretation categorically places these cases under Article 12, which mandates automatic loss of citizenship for minors cohabiting with a parent who renounces their Italian nationality. This interpretation corrects a longstanding misclassification that permitted applications from descendants whose line of citizenship should have been legally interrupted.

Consequences for Iure Sanguinis Applicants

The 2024 ruling ushers in a stricter interpretation of iure sanguinis citizenship eligibility, redefining access for individuals whose Italian descent was compromised by parental naturalization. For descendants seeking Italian nationality through iure sanguinis, this change imposes a narrower pathway, underscoring Italy’s adherence to the parameters of Law No. 555/1912; understanding and adapting to these new requirements will be essential as they seek to reconnect with their Italian heritage in compliance with these refined legal standards.

A New Era in Iure Sanguinis Eligibility

In alignment with this decision, the Ministry of the Interior issued an internal circular (No. 43347) on October 3, 2024, mandating all Public Administrations to deny applications for iure sanguinis citizenship where an Italian ancestor voluntarily acquired foreign citizenship while the descendant was a minor. This circular adopts the new interpretation of Law No. 555/1912, where, upon the Italian parent’s voluntary naturalization while cohabiting with a minor, the line of citizenship transmission is considered interrupted unless the ancestor reacquired Italian citizenship upon reaching adulthood.

The provisions within this circular took effect upon issuance and apply to any pending applications.

In Summary

This 2024 ruling by the Italian Supreme Court marks a significant shift, refining and limiting eligibility for citizenship under iure sanguinis. By aligning citizenship eligibility with a stricter interpretation of the law, Italy continues to balance its recognition of the Italian diaspora with its commitment to uphold the principles set by Italian nationality law. For applicants, understanding these new requirements will be essential as they seek to reconnect with their Italian heritage in compliance with these updated legal standards.