THE MINOR ISSUE DIRECTIVE

New Italian Citizenship Directive: What You Need to Know About the "Minor Issue"

In recent developments, the Italian Ministry of the Interior has issued a directive that solidifies a change in policy regarding the loss of Italian citizenship for minors when their parents naturalized. This directive, commonly referred to as addressing “The Minor Issue,” is a significant shift that affects individuals seeking Italian citizenship through their ancestry.

What is the “Minor Issue”?

For many years, it was generally accepted that children born in jus soli countries (countries that grant citizenship by birth on their soil) retained their Italian citizenship, even if their Italian parent later naturalized as a citizen of another country. This understanding was based on interpretations of Italy’s Law 555 of 1912 and, specifically, its Article 7 and Article 12.

However, recent court rulings have introduced a reinterpretation of these laws. In 2023 and 2024, two key rulings from the Corte Suprema di Cassazione (Italy’s highest court) challenged the long-standing interpretation. These rulings concluded that minors lost their Italian citizenship if their parent naturalized while they were still underage, regardless of where the child was born.

The New Directive

The Italian Ministry of the Interior’s directive instructs all Italian consulates and comuni to align their practices with these court rulings. This change affects cases where:

• The Italian ancestor naturalized before August 16, 1992, and

• The child was a minor at the time of the ancestor’s naturalization (under 21 until March 9, 1975; under 18 after that date).

The new policy now assumes that minors lost their Italian citizenship alongside their parent’s naturalization unless proven otherwise. This directive applies to all consulates outside Italy as well as comuni within the country.

How Does This Impact Pending Applications?

At this time, it is unclear how consulates and comuni will handle pending applications that involve “The Minor Issue.” Given the new directive, applications that have been paused or are under review may face rejection, as the new standard is now in place.

Example of How This Directive Might Affect You

Let’s say your great-grandfather, Antonio, emigrated from Italy to the United States. He had your grandfather, Giovanni, in 1930. In 1938, Antonio became a naturalized U.S. citizen, when Giovanni was just 8 years old. Under the new directive, since Giovanni was a minor when his father Antonio naturalized, Giovanni is now considered to have lost his inherited Italian citizenship at that time. This means that the Italian citizenship line was broken, making you ineligible to claim citizenship through this lineage.

What Can You Do if Your Line is Affected?

If your line of descent includes a case that falls under “The Minor Issue,” administrative applications through consulates and comuni are no longer a viable option. However, there may still be alternative paths:

• 1948 Cases: If you have a female ancestor who gave birth to the next generation before 1948, and she did not voluntarily naturalize before her child turned 21, you might be able to pursue a 1948 case in Italian courts.

• Emancipation by Marriage: Italian law considers minors who married to be automatically emancipated. If your Italian-born ancestor married before turning 21 and before their parent naturalized, there may still be a chance. However, this aspect of the law has not been fully tested yet.

It is important to explore all potential lines and avenues to confirm your eligibility, as the new policy significantly limits the possibilities through administrative channels.

Background and Legal Shift

The Ministry’s new directive stems from two recent rulings by the Corte Suprema di Cassazione. For over 100 years, it was generally interpreted that children born to an Italian parent in a jus soli country could retain their Italian citizenship regardless of the parent’s naturalization status. The interpretation was primarily supported by Article 7 of Law 555 of 1912, which stated that such children retained Italian citizenship unless they renounced it at adulthood.

However, the high court’s rulings re-examined and reinterpreted the law. The key issue lies in the conflict between Article 7, which supports retaining citizenship, and Article 12(2), which stipulates that unemancipated minors of parents who naturalize lose citizenship as well. The high court ultimately upheld that Article 12 overrides Article 7 in these cases, marking a decisive change in the law’s application.

Final Thoughts

This directive represents a major policy shift that will affect many citizenship applicants. While it closes the door for many administrative applications, legal avenues remain available for some, and careful consideration of all ancestral lines is crucial.

If you are concerned about how this change may impact your case or need guidance on alternative paths to citizenship, our team at BecomeItaliani is here to help. We will continue to monitor the situation closely and provide further updates as more information emerges.

Disclaimer: BecomeItaliani is not a law firm, and the information provided here does not constitute legal advice or a legal interpretation of current laws. Laws, regulations, and interpretations are subject to change at any time, and the information shared is for general informational purposes only. For specific legal advice or assistance, please consult with a qualified legal professional. While we strive to provide accurate and up-to-date information, we cannot guarantee its completeness or applicability to your unique situation.