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

This stems from two rulings of the Corte di Cassazione (Italy’s Supreme Court) in 2023 and 2024, which were then taken up and expanded in Ministerial Circular 43347 (issued on October 3, 2024). Based on a new interpretation of Law 91/1992, it directs Italian authorities to reject citizenship applications if the Italian-born ancestor naturalized in another foreign country while their child was still a minor (under the age of 21). This marked a significant shift. Before this, the prevailing interpretation was that applications should only be rejected if the ancestor naturalized before the birth of their child. 

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). This approach has proven successful in almost all the 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, showing the direct line of transmission (e.g., Italian ancestor → child → grandchild → applicant). This is done by providing the Italian ancestor’s birth certificate and the birth certificates of all descendants down to the applicant.
• If the Ministry claims that the line was interrupted (for example, by the ancestor’s naturalization while their child was still a minor), then it is the State’s burden to prove it by filing the naturalization certificate in court.

In short: the applicant proves descent; the State must prove interruption.

How Courts have responded to this strategy

In practice, we’ve seen that when the Ministry fails to present conclusive documentation proving that naturalization occurred prior to the child’s majority, the court rules in favor of the applicant, recognizing them as Italian citizens without requiring submission of any ancestor naturalization documentation.

This is not an isolated interpretation. Multiple court cases we have won have adopted the same 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 set by the Italian Supreme Court (Cassazione, Sezioni Unite 2022): the applicant must prove descent, while the Ministry must prove any interruption (such as naturalization during a child’s minority). If the Ministry doesn’t file a naturalization certificate, the court recognizes citizenship. And in most minor-age cases, the Ministry simply doesn’t provide this proof, which is why applicants usually win. Most Italian courts are currently approving applications related to the ‘minor issue’ despite the new guidelines.

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

It’s important to understand that the “minor age” issue and the “burden of proof” rule are not in conflict; they operate on different legal levels:

• The minor age rule concerns the substantive requirement for citizenship recognition: if proven, voluntary naturalization during a child’s minority could be considered an interruption of transmission.
• Meanwhile, the burden of proof rule is a procedural principle: in every lawsuit, each party must prove the facts that fall under their responsibility. For citizenship cases, the applicant’s burden is only to prove descent from an Italian citizen by filing the ancestor’s birth certificate and the birth certificates of all descendants down to the applicant. If the State wants to claim that the line of transmission was interrupted (for example, by naturalization during minority), then it is the State’s burden to prove it by filing the naturalization certificate.

This is why strategy is crucial: if the applicant’s lawyer files the naturalization record, the judge must consider it, potentially leading to a denial. But if the applicant limits their evidence to proving descent, and the Ministry fails to produce the naturalization record, the judge must decide based only on the documents submitted, and citizenship may be recognized.

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

On July 18, 2025, the Italian Supreme Court (Corte di Cassazione) issued two interlocutory orders (nos. 20122 and 20129) declaring that the minor age question remains controversial. The Court has now referred the issue to its United Sections (Sezioni Unite), which are expected to deliver a definitive ruling in the coming months. The decision could go in two directions: either the United Sections reaffirm the current interpretation – that naturalization during a child’s minority interrupts the transmission of citizenship – or they return to the older interpretation, under which minor age is not considered an obstacle to recognition. 

Beyond the old Law: a strategy that still works

This strategy is not limited to cases filed under the law as it stood before Decree-Law 36/2025 (later converted into Law 74/2025). It can also be applied after the reform, which introduced generational limits and shifted the burden of proof onto applicants. For more than 30 years, Italian case law has been consistent: Italian citizenship automatically is acquired at birth, and the recognition procedure merely declares a right that already exists. The Italian constitution supports this principle. Judicial recognition therefore allows applicants not only to challenge the Ministry’s claims in individual cases but also to argue that the new law is unconstitutional, asking the courts to set it aside and apply the previous legal framework. Combined with the burden of proof principle in minor age cases, this makes it possible to pass Italian citizenship even for applications filed after the reform, even for those affected by the minor issue, and regardless of how the Supreme Court’s United Sections ultimately decide on that question. When pursuing Italian citizenship through the court system, cases should generally be filed at the court in the Italian municipalities where the Italian ancestor was born.

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.