Italy's 2026 Citizenship Rulings: The “Minor Issue” Resolved, Generational Limits Upheld

2026 has been a defining year for Italian citizenship by descent (jure sanguinis). Two of Italy's highest courts issued landmark decisions that pull in opposite directions: one narrowed who qualifies, while the other reopened a path for thousands of applicants who had been wrongly turned away. Here is a plain-language guide to both — and what they mean for you.

The starting point: the 2025 reform

In March 2025, the Italian government introduced Decree-Law 36/2025, later converted into Law No. 74/2025 (widely known as the "Tajani law"). For the first time, it placed a generational limit on the automatic transmission of citizenship by descent, together with a cut-off date of 27 March 2025. In broad terms, applications filed after that date are generally limited to those with an Italian parent or grandparent, rather than an unbroken line reaching back many generations.

March 2026: the Constitutional Court upholds the limits

The reform was immediately challenged as unconstitutional. On 11 March 2026, the Constitutional Court heard the questions referred by the Court of Turin, which argued that the new rules — especially their reach back in time — violated principles of equality, legal certainty, and Italy's international commitments.

The Court disagreed. It rejected the challenges (Judgment No. 63/2026) and held that the new generational limits are compatible with the Italian Constitution. The practical takeaway is sobering for many: the two-generation cap and the March 2025 cut-off remain in force, and are now settled law.

July 2026: the "Minor Issue" is resolved

The better news came in the summer. For years, consulates and courts applied a restrictive reading known as the "Minor Issue." The theory was that if an Italian ancestor naturalised as a citizen of another country while their child was still a minor, that child lost their Italian citizenship — breaking the chain for every descendant that followed. A 2024 Ministry circular hardened this position and stalled thousands of applications worldwide.

On 26 July 2026, the United Sections (Sezioni Unite) of the Supreme Court of Cassation settled the question in ruling No. 24045/2026. The Court held that a person who was Italian by descent and a foreign citizen by birthplace (jure soli) from the moment of birth did not lose Italian citizenship when a parent later naturalised abroad. Citizenship acquired at birth is permanent; it can only be given up by a deliberate, explicit renunciation made as an adult.

The administration has now aligned with the Court. On 10 August 2026, the Ministry of the Interior issued Circular No. 0065050, superseding the restrictive 2024 guidance so that consulates and Italian municipalities apply the Cassation's reasoning.

What this means for you

The two rulings should be read together. If your line was blocked solely because an ancestor naturalised while a child was a minor, the Minor Issue decision may reopen your case — an outcome that would have been refused only a year ago. At the same time, the generational limit from Law 74/2025 still applies to applications made after 27 March 2025, so eligibility now turns heavily on when you apply and the exact shape of your family tree. Every lineage is different, and small details in the historical record can change the result.