Since 2024, many applicants for Italian citizenship jure sanguinis recognition have faced what appears to be a dead end: the so-called “minor issue Italian citizenship.” In particular, this issue arises when a minor child loses Italian citizenship because their Italian parent naturalized while they were still underage. Eligibility to acquire Italian citizenship by descent is based on the principle of jure sanguinis, meaning the right of blood.

This situation stems from two rulings of the Corte di Cassazione (Italy’s Supreme Court) in 2023 and 2024, which were later reinforced by Ministerial Circular 43347, issued on October 3, 2024. As a result, Italian authorities are now instructed to reject citizenship applications if the Italian-born ancestor naturalized in another country while their child was still a minor (under the age of 21). Previously, applications were rejected only if naturalization occurred before the child’s birth. Therefore, this represents a significant shift in interpretation.

Our approach: the burden of proof is on the State

Aprigliano Law Firm has built its legal strategy on two landmark rulings of the Italian Supreme Court (Corte di Cassazione, Sezioni Unite 2022). Importantly, this approach has proven successful in almost all minor-age cases we have litigated so far.

These rulings established a fundamental principle regarding the burden of proof in citizenship-by-descent cases:

• Applicants must prove only that they descend from an Italian citizen by showing the direct line of transmission.

• On the other hand, if the Ministry claims that the line was interrupted (for example, due to naturalization during minority), then it is the State’s responsibility to prove it by filing the naturalization certificate in court.

In short, the applicant proves descent, while the State must prove interruption.

How Courts have responded to this strategy

In practice, we have observed that when the Ministry fails to provide conclusive documentation showing that naturalization occurred before the child reached adulthood, courts tend to rule in favor of the applicant. Consequently, citizenship is recognized without requiring submission of naturalization documentation.

This is not an isolated interpretation. On the contrary, multiple court rulings have confirmed this reasoning:

• Catanzaro Court – ruling no. 847 (February 5, 2024)
• Napoli Court – ruling no. 2013 (March 8, 2024)
• Catanzaro Court – ruling no. 2486 (April 5, 2024)
• Bari Court – ruling no. 2867 (June 14, 2024)
• Catania Court – ruling no. 5639 (November 22, 2024)
• Catania Court – ruling no. 6136 (December 20, 2024)
• Campobasso Court – ruling no. 52 (January 27, 2025)
• Bari Court – ruling no. 774 (March 3, 2025)
• Campobasso Court – ruling no. 164 (March 6, 2025)
• Catanzaro Court – ruling no. 470 (March 19, 2025)
• Genova Court – ruling no. 1165 (April 25, 2025)
• Campobasso Court – ruling no. 381 (May 6, 2025)
• Bari Court – ruling no. 1753 (May 7, 2025)
• Palermo Court – ruling no. 2273 (May 28, 2025)
• Campobasso Court – ruling no. 458 (May 29, 2025)
• Campobasso Court – ruling no. 697 (July 31, 2025)
• Catania Court – ruling no. 4381 (September 3, 2025)

You can read more details about each of the cases on this link.

Why this matters

Since 2023, almost all lower courts have followed the principle established by the Italian Supreme Court (Cassazione, Sezioni Unite 2022). Specifically, the applicant must prove descent, while the Ministry must prove any interruption. In practice, if the Ministry does not file a naturalization certificate, the court recognizes citizenship. Therefore, in most minor-age cases, applicants prevail.

Minor Age vs. burden of proof: why they are not in conflict

It is important to clarify that the “minor age” issue and the “burden of proof” rule are not in conflict. Rather, they operate on different legal levels.

• The minor age rule concerns the substantive requirement for citizenship recognition.

• By contrast, the burden of proof rule is procedural.

In other words, each party must prove the facts within its responsibility. The applicant proves descent. Meanwhile, the State must prove interruption. For this reason, legal strategy becomes crucial. If the applicant submits naturalization records, the judge must consider them. However, if the Ministry fails to provide such documentation, the court must decide based only on the available evidence, often resulting in recognition of citizenship.

What’s next? The Supreme Court’s United Sections will decide on the “Minor Age” issue

On July 18, 2025, the Italian Supreme Court issued two interlocutory orders (nos. 20122 and 20129), declaring the minor age issue still controversial. As a result, the matter has been referred to the United Sections (Sezioni Unite).

In the coming months, the Court is expected to issue a definitive ruling. The outcome could follow two directions:

• Either confirm the current interpretation

• Or return to the previous approach

Therefore, this decision will be crucial for future applications.

Beyond the old Law: a strategy that still works

This legal strategy is not limited to cases filed before Decree-Law 36/2025. Indeed, it can also be applied after the reform. For more than 30 years, Italian case law has consistently held that citizenship is acquired at birth. Therefore, recognition procedures simply confirm an existing right. Moreover, judicial proceedings allow applicants to challenge the Ministry’s position and even argue that recent reforms are unconstitutional. As a result, even applicants affected by the minor issue may still succeed, regardless of how the Supreme Court ultimately rules.

This legal strategy is not limited to cases filed before Decree-Law 36/2025. Indeed, it can also be applied after the reform.

 

For more than 30 years, Italian case law has consistently held that citizenship is acquired at birth. Therefore, recognition procedures simply confirm an existing right. Moreover, judicial proceedings allow applicants to challenge the Ministry’s position and even argue that recent reforms are unconstitutional. As a result, even applicants affected by the minor issue may still succeed, regardless of how the Supreme Court ultimately rules.

Get expert legal help for your Italian citizenship case

Don’t let the minor issue in Italian citizenship challenge derail your dreams of obtaining Italian citizenship. Aprigliano International Law Firm has successfully handled numerous cases using the burden of proof strategy, winning court rulings across Italy. Our experienced team specializes in Italian citizenship by descent (jure sanguinis), citizenship through maternal lineage 1948, marriage, and residence, as well as reacquisition cases.

Contact us today to discuss your case and learn how we can help you secure your Italian citizenship through proven legal strategies that work.