The Italian Supreme Court (Corte di Cassazione) recently issued a significant ruling in case 36949/2024, which may affect individuals seeking Italian citizenship. The court reaffirmed that a finalized judgment cannot be reopened solely due to a shift in judicial interpretation, even if the new interpretation might favor the individual. While this ruling specifically addresses criminal cases, it carries implications for citizenship applications, particularly those impacted by the “minor case” issue.
The ruling emphasizes that a legal judgment, once final, remains unchanged unless certain strict conditions are met, such as the discovery of previously unavailable evidence that is critical to the case, or statutory changes directly affecting the judgment. This principle of finality in Italian law reinforces that when a decision is made and all appeals are exhausted, that decision stands.
This recent decision aligns with past cases, including Constitutional Court judgment 230/2012, which stressed the importance of judicial stability over evolving interpretations of the law. For those who have faced citizenship denials, particularly related to the “minor case” interpretation, this ruling clarifies that changes in legal thinking will not alter past outcomes. Unfortunately, this means that if your application was previously denied under this principle, shifts in judicial interpretation are unlikely to reopen your case.
However, there are still options for individuals affected by this ruling. While the “minor case” interpretation may not offer a pathway to citizenship through traditional means, alternative routes include:
- Direct Citizenship: For individuals who have resided in Italy for at least 3 years and have Italian grandparent(s).
- Golden Visa: For those who choose to invest in Italy, often through real estate or business ventures.
- Elective Retirement Visa: For retirees who wish to relocate to Italy and meet specific financial requirements.
- Digital Nomad Visa: For remote workers who wish to live and work in Italy while maintaining employment with an overseas employer.
If you’re affected by these rulings or navigating the complexities of Italian citizenship law, we strongly recommend consulting legal experts. A thorough understanding of your options, alongside compliance with Italian and U.S. regulations, is essential to achieving your goals, whether you’re looking to invest, retire, or pursue alternative paths to citizenship.
For personalized advice tailored to your specific circumstances, MLI offers expert legal guidance on Italian citizenship matters. Please reach us directly by sending an email to: inquiry@mylawyerinitaly.com.