April 14, 2026: The Sezioni Unite Hearing That Could Reshape Italian Citizenship Law
On April 14, 2026, the Joint Sections (Sezioni Unite) of Italy’s Court of Cassation will convene in the Aula Magna at Piazza Cavour, Rome, to hear arguments on two questions that could reshape Italian citizenship law more profoundly than any Constitutional Court ruling: the retroactivity of D.L. 36/2025, and whether children automatically lost Italian citizenship when their parent naturalized abroad under the 1912 law. A Sezioni Unite ruling binds every court in Italy.
Why the Sezioni Unite Matter More Than You Think
The Italian legal system has two supreme courts operating in parallel. The Corte Costituzionale (Constitutional Court) reviews whether laws are constitutional. The Corte di Cassazione (Court of Cassation) is the supreme court for civil and criminal matters, and its highest formation, the Sezioni Unite (Joint Sections), ensures uniform interpretation of the law across all Italian courts.
While Constitutional Court rulings determine whether a law exists in valid form, Sezioni Unite rulings determine how every court in Italy interprets and applies that law. When the Sezioni Unite establish a principle of law, lower courts are obliged to follow it. Any court wishing to depart from a Sezioni Unite ruling must refer the question back to the Sezioni Unite with a reasoned explanation, a procedural barrier that makes departures extremely rare.
For the day-to-day adjudication of individual citizenship cases, a Sezioni Unite ruling is in many ways more consequential than a Constitutional Court decision. It directly controls the outcome of pending and future cases across every tribunal in the country.
Issue One: Retroactivity of D.L. 36/2025
The first question before the Sezioni Unite concerns whether D.L. 36/2025 (now Law 74/2025) can be applied retroactively to persons who were born before the law’s entry into force.
The Cassazione has a well-developed body of jurisprudence on retroactivity that operates independently of the Constitutional Court’s doctrine. The foundational principle is Article 11 of the Preleggi (the “Provisions on the Law in General” that preface Italy’s Civil Code), which states: “The law provides only for the future: it has no retroactive effect.”
Key Cassazione Precedent on Retroactivity
Sentenza 29459/2019 (on the Salvini Decree restricting humanitarian protection): The Sezioni Unite held that when new legislation lacks an express retroactivity provision, Article 11 of the Preleggi controls and the law applies only prospectively. The Court drew a critical distinction between substantive norms (which cannot be applied retroactively without express provision) and procedural norms (which apply immediately under the tempus regit actum principle). The characterization of D.L. 36/2025’s provisions as substantive or procedural will be central to the analysis.
If the Sezioni Unite conclude that D.L. 36/2025 is a substantive norm without express retroactivity (or that its retroactivity clause is constitutionally impermissible), the practical effect would be that the law applies only to persons born after its entry into force. Everyone born before March 28, 2025 would be governed by the prior rules.
Issue Two: The Minor Issue
The second question is the so-called “minor issue” (questione dei minori), which predates D.L. 36/2025 entirely but has enormous practical significance.
Under Italy’s 1912 citizenship law (Law 555/1912), Article 12 provided that minor children living with a parent who naturalized in another country also lost Italian citizenship. However, Article 7 of the same law stated that children born abroad in countries granting citizenship by birth (jus soli countries, like the United States) retained Italian citizenship even after a parent’s naturalization.
For decades, consulates and courts generally followed the more favorable Article 7 interpretation. But in 2023 and 2024, the Court of Cassation issued rulings (Orders No. 17161/2023 and No. 454/2024) adopting the stricter Article 12 reading. The Ministry of the Interior formalized this in Circular No. 43347 of October 3, 2024, instructing all consulates and municipalities to reject applications where a parent naturalized while the child was a minor.
This affects an estimated 60 to 70 percent of Italian-American families seeking citizenship by descent, and significant proportions of descendants in other countries. The Sezioni Unite will resolve the conflict between Articles 7 and 12 definitively.
The Cases Before the Court
The specific cases are ricorsi nn. 18354/2024 and 18357/2024, involving Italian-American families represented by Avv. Marco Mellone, one of Italy’s leading citizenship law practitioners. The cases were originally scheduled for January 13, 2026 but were postponed. The April 14, 2026 date has been confirmed.
Possible Outcomes
On Retroactivity
Favorable outcome: The Sezioni Unite hold that D.L. 36/2025 cannot be applied retroactively, either because its retroactivity clause is constitutionally impermissible or because the law is properly characterized as a substantive norm governed by the prospective-only principle of Article 11 of the Preleggi. Effect: all persons born before March 28, 2025 are governed by the prior rules.
Unfavorable outcome: The Sezioni Unite uphold retroactive application, finding that the law’s express language overrides the Article 11 presumption and that the retroactivity is constitutionally permissible. Effect: the March 27, 2025 deadline remains in force as the dividing line.
Mixed outcome: The Sezioni Unite could refer the retroactivity question to the Constitutional Court, finding that it involves a constitutional question beyond the Cassazione’s jurisdiction. This would delay resolution but signal that the issue is not considered settled.
On the Minor Issue
Favorable outcome: The Sezioni Unite restore the broader interpretation (Article 7 prevails over Article 12 for children born in jus soli countries), overriding the Ministry’s circular. Effect: millions of affected families regain eligibility.
Unfavorable outcome: The Sezioni Unite confirm the stricter reading (Article 12 prevails), entrenching the circular’s approach. Effect: the vast majority of affected families remain excluded unless they can find an alternative lineage.
The April 14 Hearing Is for Everyone
Unlike the Constitutional Court proceedings, which address the law’s validity in the abstract, the Sezioni Unite ruling will directly control the outcome of individual cases. Every pending citizenship case in Italy, and every future case, will be adjudicated according to the principles the Sezioni Unite establish. This is not a theoretical exercise. It is the ruling that determines who gets Italian citizenship and who does not.
How to Prepare
What You Should Do Before April 14
Know your family tree. Determine whether the minor issue affects your lineage. If your Italian ancestor naturalized while their child was still a minor, this ruling directly concerns you.
Talk to your attorney. If you have a pending case, your legal team should be monitoring this hearing and preparing arguments in light of the potential outcomes.
Do not assume the worst. The Sezioni Unite have a strong track record of applying non-retroactivity principles, and the minor issue remains genuinely contested at the highest level. The fact that it was referred to the Sezioni Unite means the prior rulings were not considered definitive.
Keep your documents ready. A favorable ruling could open or reopen pathways that are currently closed. Having your documentation in order means you can act quickly.
Questions About Your Citizenship Case?
Every family’s situation is different. Our team monitors these legal developments daily and can provide a personalized assessment of how they may affect your case.
This article is provided for informational purposes and does not constitute legal advice. Last updated: March 21, 2026.