On October 3, 2024, the Italian Ministry of the Interior issued a new circular (memorandum) to public offices, aligning with two recent rulings by the Italian Supreme Court of Cassation (decisions 454/2024 and 17161/2023). The circular directs public officials to deny Italian citizenship applications when an Italian ancestor was naturalized as a foreign citizen while their child was still a minor and living in the same household.
Officially released to public offices on October 10, 2024, the circular applies exclusively to new applications and does not retroactively affect those who have already been granted citizenship.
This article explains the updated guidelines and their impact on Italian citizenship by descent applications. It also explores alternative pathways for applicants whose main route to citizenship is blocked by this new “minor issue.” Furthermore, it underscores the importance of verifying that neither the applicant nor their ancestors renounced Italian citizenship. The insights provided are based on legal consultations with Italian attorneys specializing in citizenship law and direct communications with Italian consulates and municipalities.
Italian citizenship law 555/1912 (in effect until 1992) contains two seemingly contradictory provisions:
Historically, Italian consulates, municipalities, and courts predominantly relied on the more lenient Article 7, granting Italian citizenship jure sanguinis even when the child was a minor during the parent’s naturalization.
No, the circular is not a law. It is a recommendation from the Ministry of the Interior to public officials. While it advises local authorities to interpret and apply the Supreme Court rulings, it does not have the force of law and does not bind judges in Italian courts, who retain the authority to interpret the law independently.
In certain cases, applicants may need to bypass consulates and file applications directly with Italian courts to challenge rejections based on the circular.
Applicants seeking Italian citizenship by descent should be prepared for variations in how the new guidelines are implemented across municipalities and consulates. While the circular does not change the law, its influence is evident in shifting practices. Those impacted by the stricter interpretation of Article 12 should consider exploring alternative legal pathways, such as challenging the rejection in court or leveraging legal counsel to navigate the complexities.
This moment also highlights the importance of thorough preparation, including verifying the continuity of Italian citizenship across generations and staying updated on evolving local practices. By doing so, applicants can better position themselves to secure their rightful citizenship.
While consulates and municipalities are bound by the new guidelines, the Italian judicial system operates independently. This is a crucial point. According to our discussions with multiple Italian attorneys on our platform, the lower courts in Italy are still approving cases involving the Minor Issue, despite the recent ministerial communication. Importantly, the courts are not bound by the Supreme Court’s decisions or the Ministry’s latest circulars, making them an ideal path for many applicants affected by the Minor Issue.
Italian judges have considerable discretion and are not required to follow Supreme Court precedents, which in the U.S. would be considered binding. This means that the lower courts often adopt a more flexible and historically nuanced interpretation of Italian citizenship laws., This provides applicants with a greater chance of success, even when consular channels are closed to them.
Moreover, as many applicants know, obtaining appointments at consulates in the U.S. has become a major obstacle. Many applicants are turning to the Italian courts simply because consulates are overwhelmed and cannot process applications in a timely manner. Italian courts, by contrast, offer a faster, more efficient route to citizenship, with processing times averaging between 12 and 18 months, depending on the region. This is a significant improvement over the multi-year wait times consular applicants often face.
1. Higher Success Rates: Italian courts have a history of approving cases involving ancestors who became naturalized while their children were minors. Judicial precedent has been established in many regions, particularly those with high emigration rates like Campania and Sicily, where judges are familiar with the complex nature of citizenship cases. As Marco Ponan states, the trend is overwhelmingly positive, with the majority of courts still approving cases despite the Ministry’s recent directive. The Minor Issue is, therefore, far less of an obstacle in the courts than it is with consulates.
2. Independence from Ministerial Directives: Unlike consulates, which are constrained by the new ministerial guidelines, Italian courts are free to interpret laws based on judicial precedents. This means that judges may grant citizenship in cases that consular officials might deny due to rigid adherence to the Ministry’s directives. As Marco explains, the Italian judicial system frequently interprets the Minor Issue more favorably, recognizing applicants’ right to citizenship when the administrative process would deny it.
3. No Appointment Backlogs: A key advantage of the court system is the ability to bypass consular backlogs. While consular offices can delay applications for years due to a lack of appointments, those filing through the courts can have their cases processed much faster, providing a much more reliable and direct route to obtaining citizenship.
4. Multiple Ancestors May Provide Additional Pathways: As Marco Ponan points out, applicants may have multiple ancestors to consider when filing for citizenship. Even if one ancestor’s naturalization caused a disruption, applicants can explore other ancestors, such as a mother who either never naturalized or who was naturalized involuntarily due to her husband’s naturalization. This opens up multiple potential pathways for citizenship, allowing applicants to use alternative family lines that might not be affected by the same issues.
5. Flexibility in Citizenship Claims: In cases where both male and female ancestors were naturalized when their children were minors, Italian courts offer the flexibility to pursue claims through different ancestral lines. If an applicant’s male ancestor’s naturalization interferes with their claim, they may still succeed by pursuing the female ancestor’s line, particularly if she was naturalized automatically and involuntarily prior to 1922.
For applicants facing lengthy consular delays or denials due to the Minor Issue, the Judicial Petition path offers an important recourse. Italian law allows applicants to file a Judicial Petition path when they face undue delays or denials in consular proceedings. This petition seeks judicial intervention to ensure applicants’ rights are upheld. Importantly, the judicial system is independent from the Ministry of the Interior, meaning it is not constrained by recent interpretive changes that have affected consular applications.
As Marco Ponan highlights, the Judicial Petition path allows applicants to bypass consular delays and have their cases heard by a regional court, where the likelihood of a favorable ruling is much higher. The court’s ability to interpret laws flexibly and apply precedents favorable to applicants makes it a powerful tool for those who have been denied due to the new minor issue.
1. Compile Documentation: Gather all necessary documents to prove your ancestry, including birth, marriage, and naturalization records.
2. Legal Representation: It’s advisable to hire an attorney familiar with Italian citizenship laws to file the petition. Expert legal counsel ensures compliance with the court’s procedures and strengthens your case.
3. File in the Correct Regional Court: Cases must be filed in the court of the region where your Italian ancestor was born. Italian courts often take an empathetic approach to local heritage cases, which can work in your favor.
4. Prepare for Hearings: While some cases may require court appearances, most can be resolved through thorough documentation and strong legal representation, without prolonged litigation.
For Italian Americans navigating the complexities of the Minor Issue, the lower courts provide an invaluable and often more effective path to Italian citizenship. These courts offer faster processing, higher success rates, and a more flexible interpretation of the law, making them an ideal option for applicants who might otherwise be denied through consular channels. By filing a Judicial Petition path and pursuing judicial relief, applicants can secure their rightful place in Italy’s rich cultural heritage, preserving their connection to Italy for future generations.
If you have encountered delays or denials in your citizenship process, or if you are facing challenges due to the Minor Issue, contact Global RCG today to explore your options through the Italian courts. Don’t let bureaucratic changes sever your ties to Italy—file your Judicial Petition path and reclaim your heritage.
.png)