A landmark ruling by Italy’s highest court has given new hope to hundreds of thousands of people seeking Italian citizenship through their ancestry. The decision overturns a controversial interpretation known as the “Minor Issue,” restoring a path to citizenship for many descendants of Italian emigrants whose claims had previously been rejected. While broader restrictions introduced in 2025 remain in place, the ruling marks one of the biggest legal victories yet for Italy’s global diaspora.
Supreme Court Reverses the “Minor Issue”
Italy’s Supreme Court has ruled that children who were born with Italian citizenship do not automatically lose that citizenship if one of their parents later becomes a citizen of another country while they are still minors. The decision overturns the restrictive “Minor Issue” interpretation that had blocked citizenship-by-descent claims for many families living in countries such as the United States, Canada, Brazil and Argentina.
The ruling came after the court reviewed cases involving families whose citizenship claims had been denied under the previous interpretation. Judges concluded that Italian citizenship acquired at birth remains intact, allowing it to be passed on to future generations.
A Win for Millions of Italian Descendants
For millions of people with Italian roots, the decision represents a significant legal breakthrough.
Attorney Monica Restanio, who represented one of the successful families, celebrated the outcome, telling CNN:
“Achieving this result was a personal dream — the kind that drives every lawyer when they decide to defend a right that they believe in deeply.”
She added:
“Today, what seemed a pipe dream has become a reality.”
One of the plaintiffs, Gustavo Monasterios, described the outcome as life changing, saying he was:
“deeply relieved and overjoyed.”
The ruling could affect hundreds of thousands of families whose citizenship claims had been rejected in recent years because authorities believed the chain of citizenship had been broken.
Citizenship by Birth Takes Center Stage
The court reaffirmed a long-standing principle of Italian law known as jure sanguinis, or citizenship by bloodline.
Attorney Marco Mellone, who represented applicants before Italy’s highest court, told The Associated Press:
“The Supreme Court of Cassation has completely changed its position and gone back, confirming that all these Italian-American families — and, more generally, families in all countries where this situation existed — regain the right to Italian citizenship by descent.”
Restanio also emphasized the broader legal significance of the decision, stating:
“The decision reaffirms a fundamental principle: Italian citizenship iure sanguinis is acquired at birth; it constitutes an original status; it is imprescriptible, inalienable, and can be asserted at any time. Only the holder of the right may, if necessary, renounce it.”
Broader Citizenship Debate Continues
Although the ruling restores rights for many applicants affected by the “Minor Issue,” it does not reverse Italy’s wider citizenship reforms introduced in 2025.
Those reforms limited citizenship by descent to people with closer family ties to Italy and are currently facing separate legal challenges, including a review by the European Court of Justice. As a result, many descendants who were excluded under the newer law are still waiting to learn whether those restrictions will ultimately stand.
Legal experts also say it remains to be seen how quickly Italy’s Interior Ministry and overseas consulates will update their procedures to reflect the Supreme Court’s latest interpretation.
A Major Milestone in an Ongoing Legal Fight
The Supreme Court’s decision marks a turning point in the long-running battle over Italian citizenship by descent. For families who have spent years gathering documents, pursuing legal appeals and tracing their ancestry, the ruling restores hope that their Italian heritage can once again be formally recognized. While broader legal challenges remain unresolved, this decision strengthens the rights of countless descendants around the world and represents one of the most significant victories for Italy’s diaspora in recent years.
