The new “circolare” issued last October 3rd, 2024 by the Italian Ministry of the Interior provides guidelines for public administration, but does not constitute a new law. As a result, the memorandum only affects applications submitted at consulates and Italian municipalities and it does not directly impact cases presented in Italian courts.
Judges are not bound by the ministerial memo or by previous decisions issued by other judges, including those from Court of Cassation, and they may still accept applications involving the minor issue.
When filing a lawsuit in an Italian court, it will be assigned to the court covering the jurisdiction of the municipality where your Italian ancestor was born, and one specific judge will decide how to interpret the “minor issue”. In this regard, our firm won several cases presenting the minor issue in Court of L’Aquila, Naples, Palermo (and others), even after negative rulings from Court of Cassation.
As an alternative and valid path, you may check if you have a female Italian-born ancestor who never naturalized or naturalized when her child, the next descendant in line, was an adult, or naturalized involuntarily as an effect of her marriage with a foreign or naturalized spouse.
If this applies, you could pursue a “1948 case” through the Italian courts. The“1948 case” has a high likelihood of success!
In short, you should not panic about the new interpretation of the minor case, as you may have other valid routes for applying through the Italian courts.
Feel free to contact us at citizenship@mazzeschi.it for your Eligibility assessment and further information.
Attorney at law since 2006, specialized in real estate law, inheritance, citizenship and corporate law.
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