How the 2026 ruling impacts your Italian citizenship application — and why the “minor issue” could now work in your favour.
The 2026 decision of the Corte Costituzionale (Judgment No. 63/2026) is one of the most important developments in Italian citizenship by descent (jure sanguinis) in decades.
In simple terms, the Court has drawn a clear line:
If you were Italian at birth, the State cannot now say you never were.
This principle has major consequences for anyone applying for Italian citizenship from abroad, especially after the restrictive changes introduced in 2025.
Italian Citizenship by Descent: What Has Changed
Italian citizenship law is based on jure sanguinis. This means citizenship is passed from parent to child automatically at birth.
The Court has now confirmed that:
- Italian citizenship is a legal status, not a benefit
- it exists from birth, if eligibility is met
- it cannot be removed by later laws
For applicants, this changes the mindset completely.
You are not asking for citizenship.
You are asking the Italian authorities to recognise a status you already have.
2025 Reform: Still Relevant, But No Longer Absolute
The 2025 reform introduced new restrictions on Italian citizenship by descent, especially for people born outside Italy.
However, the Constitutional Court has limited its impact.
The key takeaway is:
- the reform can apply to future cases
- it cannot cancel citizenship already acquired at birth
This is critical for applicants.
If you were eligible before the reform, your position is now much stronger.
What This Means for Italian Citizenship Applications
In practice, this decision will change how Italian consulates and municipalities assess applications.
We expect:
- fewer automatic refusals
- more detailed legal reviews
- greater focus on your citizenship status at birth
This is especially important for:
- applicants born abroad
- complex family histories
- previously rejected applications
In short, many cases that were once uncertain are now worth revisiting.
The “Minor Issue”: The Next Big Decision
A key unresolved question in Italian citizenship law is the so-called “minor issue”, currently before the Corte di Cassazione.
This issue affects people whose:
- Italian parent became a foreign citizen
- while they were still minors
Under older laws, some interpretations say the child automatically lost Italian citizenship. Others disagree.
Why the Constitutional Court Decision Matters
Even though the Court did not directly decide the minor issue, it has changed the legal landscape.
The Court confirmed that:
- citizenship is a protected and stable status
- it cannot be removed automatically
- legal limitations must be fair and proportionate
This makes it harder to argue that a minor lost citizenship automatically, without any choice.
What to Expect Next
The Supreme Court is expected to clarify the minor issue soon.
Following the Constitutional Court’s reasoning, it is likely to:
- move away from automatic loss theories
- adopt a more protective approach
- strengthen citizenship claims
If confirmed, this could open the door for thousands of applicants worldwide.
Why This Matters for You
If you are applying for Italian citizenship by descent, this is a critical moment.
You may now have:
- a stronger legal position
- better chances of approval
- new options for complex cases
This is especially true if your case involves:
- citizenship through parents or grandparents
- naturalisation events in your family history
- the minor issue
Final Thoughts: A Turning Point for Italian Citizenship
The 2026 Constitutional Court decision does not create new rights.
But it does something equally important.
It protects the rights you already have.
For many applicants, this is a major shift toward fairness, clarity, and legal certainty in Italian citizenship by descent cases.
At Fiorino & Associates, we assist clients worldwide with Italian citizenship applications, including complex cases involving the jure sanguinis principle and the minor issue.
If you are considering applying for Italian citizenship from Australia or abroad, now is the time to review your eligibility.
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