Italy's Supreme Court Scrutinizes Controversial Citizenship Restrictions
Italy's highest court, the Corte di Cassazione, is currently evaluating the legality of government-imposed restrictions on citizenship by descent. The scrutiny focuses on a 2024 circular known as the 'minor issue,' which disqualified descendants if their Italian parent naturalized abroad while they were minors. This policy preceded a stricter March 2025 law that limited citizenship to two generations and banned dual citizenship for Italians abroad. The court examined three specific cases involving American and Venezuelan plaintiffs who were denied citizenship under these new rules. Notably, the Procuratore Generale advised the judges in favor of the plaintiffs, arguing that citizenship cannot be lost involuntarily. Legal representatives hope this ruling could establish a precedent to challenge the broader 2025 legislation, which has affected millions in the Italian diaspora. While regional courts have referred the 2025 law to the Constitutional Court, the outcome of this supreme court hearing is viewed as critical. A favorable decision for the plaintiffs might allow lower courts to disregard the recent restrictive laws, potentially restoring citizenship rights to those previously disqualified by the sudden policy changes.
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Italy's Supreme Court Scrutinizes Controversial Citizenship Restrictions
Italy's highest court, the Corte di Cassazione, is currently evaluating the legality of government-imposed restrictions on citizenship by descent. The scrutiny focuses on a 2024 circular known as the 'minor issue,' which disqualified descendants if their Italian parent naturalized abroad while they were minors. This policy preceded a stricter March 2025 law that limited citizenship to two generations and banned dual citizenship for Italians abroad. The court examined three specific cases involving American and Venezuelan plaintiffs who were denied citizenship under these new rules. Notably, the Procuratore Generale advised the judges in favor of the plaintiffs, arguing that citizenship cannot be lost involuntarily. Legal representatives hope this ruling could establish a precedent to challenge the broader 2025 legislation, which has affected millions in the Italian diaspora. While regional courts have referred the 2025 law to the Constitutional Court, the outcome of this supreme court hearing is viewed as critical. A favorable decision for the plaintiffs might allow lower courts to disregard the recent restrictive laws, potentially restoring citizenship rights to those previously disqualified by the sudden policy changes.
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