Italy's Supreme Court overturns rule that stripped citizenship from children of emigrants
Italy's Court of Cassation (Sezioni Unite) issued a landmark ruling on 26 July 2026, deciding that a child born with both Italian citizenship and another nationality does not automatically lose Italian citizenship when a parent later naturalizes abroad. The judgment repeals the so‑called “minor issue,” which had caused thousands of denials for descendants of Italian emigrants, especially in jus soli countries such as the United States, Canada, Brazil and Argentina.
The decision restores the right of these descendants to claim Italian citizenship by descent (iure sanguinis) and allows the citizenship to be transmitted to future generations. The case stemmed from hearings on 14 April 2026 involving a Venezuelan family and two American families, with attorney Monica Restanio and Rome professor Leo Piccininni presenting the successful legal argument, and lawyer Marco Mellone commenting on the reversal.
Entities: Corte di Cassazione (Italy's Supreme Court) · Italian diaspora · Leo Piccininni · Marco Mellone · Monica Restanio
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 2 SOURCES] The case involved hearings on 14 April 2026 with a Venezuelan family and two American families
- [● 5 SOURCES] The decision restores the right of descendants of Italian emigrants to claim Italian citizenship by descent (iure sanguinis)
- [● 2 SOURCES] Attorney Monica Restanio presented arguments that contributed to the ruling
- [● 5 SOURCES] The Italian Court of Cassation (Sezioni Unite) issued a ruling on 26 July 2026 that children born with both Italian citizenship and another citizenship do not automatically lose Italian citizenship if (a parent later naturalizes abroad)
- [● 5 SOURCES] The ruling overturns the 'minor issue' interpretation that had caused automatic loss of Italian citizenship for children in such cases
- [● 2 SOURCES] Lawyer Marco Mellone represented applicants and commented on the decision
- [● 3 SOURCES] The ruling affects descendants in jus soli countries such as the United States, Canada, Brazil and Argentina
- [● 2 SOURCES] Professor Leo Piccininni of Rome University co‑presented the legal argument