The “Minor Issue”: Why Italy’s 2025 Reform Is in Trouble
The 2025 reform of Italian citizenship law introduced one of the most controversial rules in recent decades: the so-called “minor issue”. In practice, the rule operates retroactively. It takes events that occurred decades ago, often without the family’s awareness, and applies today’s consequences to them. For thousands of descendants, especially in the Americas, this means discovering—sometimes for the first time—that their Italian citizenship status depends on decisions made before they were even born. This approach has raised serious constitutional concerns. Two Italian courts—Mantua (24 October 2025) and Turin (25 June 2025)—have sent the matter to the Constitutional Court, questioning the legitimacy of applying the rule retroactively to minors. Minors born to an Italian parent are Italian from birth under Article 1 of Law 91/1992. Treating this as a “lack of acquisition” instead of a loss is seen as a semantic shortcut. Retroactive cancellation of status may violate Articles 1, 2, 3, 22, 24, 56, 58, 72, 77 and 117 of the Constitution. There is no due process: no notice, no hearing, and no opportunity for the minor—now an adult—to defend their identity. These constitutional questions arrive at a crucial moment. Families across the world are facing inconsistent interpretations by consulates, long delays, and uncertainty over their right to citizenship. The court’s future decision will determine whether the “minor issue” survives, is limited, or is declared incompatible with the fundamental principles of the Republic. What is clear already is that the debate goes far beyond bureaucracy. For anyone facing this situation, legal guidance is essential. Every family history is different, and a small detail in the documentation can completely change the outcome. For more information or tailored legal assistance, you can contact Mangata Avvocati.
Under this provision, if an Italian parent lost their citizenship while their child was still a minor, the child is considered never to have acquired Italian citizenship—even if the child later grew up identifying as Italian and even if no formal renunciation ever took place.
The concerns focus on several key principles:
It concerns family unity, the protection of minors, and the role of citizenship as an element of personal identity.