The Supreme Court of Cassation will shortly examine the retroactivity of the “Decree of Shame” and the loss of citizenship of minors.
It has been confirmed by the President of the Court of Cassation that the Supreme Court of Italy has scheduled a public hearing at 10.00 on 13th January 2026 in the Aula Magna of the Court in Rome (Piazza Cavour).
The topics that will be under discussion are:
- Retroactivity of the “Decree of Shame” (Decree Law 36/2025 to Law 74/2025)
- Loss of citizenship of minors under Article 12.2 of Law 555/1912
The Supreme Court will decide if the new requirements for citizenship on the grounds of ius sanguinis introduced this year should apply only to future cases, or also to cases filed before 29 March 2025. This will clarify whether descendants who applied before the law changed can still rely on the old rules.
The Court will also deal with the constitutionality of Article 12.2 (Law 555/1912) and will examine whether minors could lose citizenship involuntarily when their parents naturalised abroad.
A favourable ruling could restore citizenship rights to millions of Italian descendants abroad currently affected by the 2025 law. The decision on the Supreme Court will be binding on all Italian courts and will influence administrative procedures and policies.