Recently, the Italian Ministry of the Interior has issued a new circular regarding Italian citizenship. This circular, which contradicts the opinion of many legal experts, states that a minor child of an Italian parent(s) who loses Italian citizenship upon acquiring foreign citizenship also becomes a foreign citizen.

This applies to cases where a parent naturalizes while their child is still a minor.

The circular asserts that the law stipulates the loss of Italian citizenship for a minor child, who is Italian by birth, at the time of the parent’s naturalization. This new interpretation is considered incorrect by many experts as it does not appear to conform to the provisions of the law itself.

In other words, if a person is born abroad but has an Italian parent, they do not lose their Italian citizenship even if the parent becomes a citizen of another country.

The highest Italian courts have consistently emphasized that Italian law does not permit the automatic revocation of citizenship without a person’s conscious choice. This principle is fundamental to protecting the rights of citizens.

When there is a law, those who must apply it (such as judges or public offices) can offer their interpretation. However, this interpretation does not change the law; it is merely an opinion. The new circular is an example of such an interpretation. While not binding on everyone, it can create problems for individuals as it is unclear and appears to undermine the rights of Italian citizens.

This situation outlined in the circular does not, however, prevent individuals claiming Italian citizenship by descent from seeking legal or administrative protection; but it does pose a potential problem that must be addressed with awareness in such forums.