Cassazione Order 454/2024 Confirms: A Father’s Naturalization Broke the Citizenship Chain for Minor Children
The Court of Cassation has issued a second order adopting the strict interpretation of Articles 7 and 12 of Law 555/1912, confirming that when an Italian citizen naturalized abroad while their children were minors, those children lost Italian citizenship. Order 454/2024 cements a legal position that will soon be formalized by the Ministry of the Interior and affect hundreds of thousands of pending applications worldwide.
Building on 17161/2023
Following Order 17161/2023, which first signaled the Cassazione’s shift toward the strict Article 12 reading, Order 454/2024 provides a more detailed articulation of the Court’s reasoning. The First Civil Section held that the 1912 law reflects the social and legal structure of early 20th century Italy, where the family was viewed as a unit led by the head of household. The father’s decision to naturalize bound all family members under his authority.
The Order acknowledges that children born in jus soli countries held dual citizenship at birth: Italian through paternal descent (jure sanguinis) and the nationality of their birth country (jus soli). But it holds that this dual status was extinguished by the father’s naturalization during the child’s minority, because Article 12 operates as a specific rule that overrides the general protections of Article 7 in the context of parental naturalization.
The Practical Impact
With two First Section orders now aligned on the same interpretation, the legal landscape has shifted substantially. While only a Sezioni Unite ruling would be formally binding on all courts, the consistency of the Cassazione’s position makes it likely that the Ministry of the Interior will issue administrative guidance directing consulates and municipalities to apply the strict reading.
For applicants whose ancestry runs through an ancestor who naturalized while their child was a minor, the path forward now depends on whether the Sezioni Unite will ultimately weigh in, and whether they will confirm or reverse the First Section’s position.
Cases Not Affected
The minor issue does not affect every citizenship case. It is irrelevant when the Italian ancestor never naturalized, when the ancestor naturalized after the child reached adulthood, when the line runs through a woman who lost citizenship by marriage (pre-1948 cases), or when the ancestor naturalized but the child was already an adult. Many families have viable lines that bypass the minor issue entirely.
What to Watch
The question now is whether the Cassazione will refer the matter to the Sezioni Unite for a definitive, binding resolution. Given the magnitude of the issue and the number of cases affected, referral to the Sezioni Unite is considered likely. When it happens, the resulting ruling will bind every court in Italy and effectively determine whether millions of descendants retain a viable claim.
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This article is provided for informational purposes and does not constitute legal advice.