Italy's Ministry of Interior issued binding instructions (Circolare n. 43347/2024) that require consulates, municipalities (comuni), and prefectures to reject citizenship applications where an Italian ancestor voluntarily naturalized in another country while their child was a minor. This administrative directive, based on Court of Cassation decisions no. 17161/2023 and 454/2024, applies to cases where the ancestor acquired foreign citizenship while their child was under the age of majority (21 before 1975, 18 after). As an administrative act, these instructions are binding on administrative bodies but do not bind Italian courts, which maintain their judicial autonomy in interpreting the law.
Impact on Citizenship
This change creates a strict administrative barrier for certain citizenship claims, but does not close all paths to citizenship. While consulates, comuni, and prefectures must reject affected applications, these cases can still be pursued through the Italian court system, particularly in jurisdictions where consular wait times exceed 2 years or where the case must be filed in the court covering the ancestor's birthplace. The change doesn't affect claims through female ancestors who never naturalized or who naturalized when their children were adults, nor does it affect those already recognized as Italian citizens. Additionally, cases involving involuntary naturalization (such as wives who automatically gained citizenship through their husbands before 1922) remain viable.
