On October 3, 2024, the Italian Ministry of the Interior issued a new circular to local prefectures and the Ministry of Foreign Affairs. This document outlines three key directives regarding citizenship, with the first directive significantly impacting Italian Americans seeking dual citizenship.
The “Minor Case” Update
This instruction addresses the so-called “minor case”, referencing two recent rulings by the Corte di Cassazione from 2023 and 2024. Both rulings denied the recognition of citizenship in these cases. For thousands of Italian Americans, this is unsettling news, especially for those who have invested significant time and resources gathering documents or even relocating to Italy to finalize their citizenship applications.
The Circular confirms that individuals already recognized as Italian citizens will retain their status. While the circular is not a new law, it will heavily influence how local authorities—such as municipalities and consulates—process applications moving forward. Strict internal guidelines ensure that no clerk will handle a minor case in a way that contradicts these instructions.
Judicial Independence and the Role of the Courts
It’s important to remember that, while the circular directs local authorities, it does not bind the courts. Judges will continue to make independent decisions based on Italian law. However, state attorneys representing the Ministry of the Interior will now refer to the two recent Corte di Cassazione rulings, which went against recognizing citizenship in certain cases. This means that if a judge rules differently from the Corte di Cassazione’s approach, they must provide a detailed legal explanation for their decision. While judges retain their independence, any ruling that deviates from the Corte di Cassazione could be challenged by state attorneys, ensuring the rulings of Italy’s highest court carry significant weight in citizenship cases.
Looking Ahead: Pending Cases Before the Corte di Cassazione
It’s worth clarifying that the Corte di Cassazione is not equivalent to the U.S. Supreme Court. Rather, it serves as Italy’s highest court for legal review. Its decisions set authoritative precedents but do not create binding case law. The true counterpart to the U.S. Supreme Court is the Italian Constitutional Court, which creates binding case law. This distinction is essential when considering future judicial outcomes.
There are currently cases pending before the Corte di Cassazione that may reverse or soften previous decisions by a lower Court, much like what happened in 1998, 2004, and 2009 with the so-called “1948 case”. These historical rulings demonstrated the Corte di Cassazione’s willingness to revisit its own precedents, and future rulings could once again reshape the legal landscape for those pursuing dual citizenship.
While the situation remains fluid, this provides a glimmer of hope for applicants affected by the more restrictive rulings. As always, we are closely monitoring these developments and will continue to provide our clients with the most up-to-date legal advice to maximize their chances of success.
How We at My Lawyer in Italy Are Assisting Our Clients
Up until 2019, minor cases brought before the Court of Rome were almost always granted dual citizenship. However, from 2019 onward, after the Court of Rome adjusted its approach (as we detailed in our earlier blog post: A New Approach to 1948 Cases by the Court of Rome), we began to see significant shifts in how dual citizenship cases were handled. In 2022, we alerted our clients and the broader dual citizenship community to the growing uncertainties surrounding minor cases, especially when these cases were assigned to local courts instead of the Court of Rome (read more in our post: The Minor Case: The Approach of Local Courts of Italy). Our cautious approach, although not always popular, even led to some backlash in 2022.
By 2023, it had become clear that cases before the Court of Appeals in Rome were being dismissed following the Corte di Cassazione’s June 2023 ruling. Despite these challenges, we have always been transparent with our clients about the risks involved, particularly in minor cases.
We remain committed to putting the best interests of our clients first, even when it means delivering difficult news. We’ve never believed in profiting from false hopes, and this is why we’ve consistently advised clients of the risks involved in pursuing minor cases.
Our goal is to continue identifying the best path to dual citizenship or any other legal matter we handle, to remain transparent and fight for our client’s rights, no matter how challenging the road ahead may be.
Future Implications
The coming months will be critical in determining whether courts continue to uphold previous rulings or follow the new approach. Rest assured, we are monitoring every development to ensure our clients receive the most current guidance.
For inquiries regarding Italian dual citizenship, please contact us at:
+1 (800) 205-9142 (U.S. & Can)
+39 06-9294-6085 (Global)
inquiry@mylawyerinitaly.com
Foto di Matthias Lemm da Pixabay