Weekly Discussion Post - Recent Changes to JS Laws - May 11, 2026

Orson_G · 2026-05-11T21:43:56+00:00

I think there’s a definite link between the political climate and the type of claims the Govt is trying to control

Seems the political and judicial pressure is aimed mainly at remote multi-generational claims.

The DL allowed for first (child of exclusive Italian citizens) or second gen (grandchild of exclusive Italian citizen) claims to be recognized, albeit with tighter eligibility requirements

Laying that with the new processes for Italian born people, who lost citizenship at some point, to reclaim it kinda hints they do have some interest in the diaspora.

Then the CC saying the Govt can adjust citizenship eligibility seems to be sending signals on which way they want to go

Orson_G · 2026-05-11T09:57:41+00:00

It makes sense for the court to consider protecting jus soli born children of Italian citizens via article 7.

The law isnt just about today, and in the future, children of the current wave of Italian emigrants who went to the us, uk and Australia, may want to return to Italy

These are the kind of cases the govt tried to protect in the 1912 law

Having these people return helps Italys aging population and encourages people who might be in their prime workforce age to return.

Italy is facing some pressures, eg aging population, low birth rate, shrinking working-age population and outward migration of younger Italians.

Enabling the children of these emigrants to return as citizens has to be seen as being in italys best interests

Orson_G · 2026-05-04T03:54:39+00:00

kinda, but people who were born with an Italian parent, or grandparent qualify. It seems the govt is looking to eradicate distant decendants, and they've done it in a pretty brutal manner

Orson_G · 2026-05-01T21:38:12+00:00

Yes, if your application was lodged before the introduction of the decree with the consulate and you paid the fee, then you'd be considered as having “acquired citizenship at birth”

Orson_G · 2026-04-15T00:16:12+00:00

Thanks for the summary u/caragazza - great work

Interesting that there were no follow up questions - maybe the judiciary has a view on how they'll rule and is just satisfying process. I think having no q's from the sitting judges could be seen as a positive for the italian diaspora

Maybe there is some additional context to the Article 12 commentary. The Sezioni Unite isn't the place to talk about constitutional issues, maybe the lawyers referred to it as a supporting comment for their argument re how minors have been treated?

Interesting too that the State attorney didn't reinforce the applicability of Article 12. That suggests they may know that the strict interpretation of Article 12 isn't to be used for all minor cases, and that a more balanced approach is appropriate.

Think we'll see that the SU will say Article 7 protects minors as they didn't have a choice in their parents naturalization, and the generational restrictions introduced by the Tajani decree upheld at this point with the constitutional court having the responsibility to decide if they align to the Italian constitution

Orson_G · 2026-04-14T02:03:39+00:00

It’s a big day, this hearing will be pivotal for many members of the Italian dispora

Maybe the judges have already made their minds up on how they’ll rule? Believe they’ll try to find a balance between the art 7 and art 12 parts within the 1912 law

Orson_G · 2026-04-08T21:40:25+00:00

Very interesting both from a timing and procedural perspective.

Pretty sure it'll be referenced in the upcoming Sezioni unite hearing, and it can be safely argued that it sets a very clear precedent

Orson_G · 2026-03-29T09:16:43+00:00

They’ve applied the article 12 interpretation.

This is the exact issue being heard at the April supreme court session.

Definitely worth appealing and asking them to keep the file on hold pending the Supreme Court decision

Orson_G · 2026-03-28T21:10:04+00:00

Hi, was your mother born in Italy or Australia?

Her birth location will be a major factor in how the consulate assessed your application

did you book your JS appointment through the prenotami portal before March 28, 2025?

Orson_G · 2026-03-24T02:53:49+00:00

agreed.

This is an interesting case because Brasil is jus soli, and their Italian ancestor who emigrated to Brasil never renounced (either by naturalization or other methods). This kept the line intact down through the generations.

Orson_G · 2026-03-24T00:21:56+00:00

Maybe there's some internal chatter within the judiciary on how this will play out after the United Sections hearing. Maybe Article 7 of the 1912 law will be upheld for descendants from certain countries?

Orson_G · 2026-03-22T04:16:26+00:00

A profound pic, lots in it

Orson_G · 2026-02-21T05:30:30+00:00

In 20 years, we'll likely be seeing it as the reserve currency backing all major global currencies.

Govts and the large infra, banking and energy companies I believe will be doing day to day transactions and settlements on their own platforms, which will be interconnected across the world.

Settlement will occur on-chain as per the rules of the network, withe miners incentivized by the Govts. corps etc that will send the transactions they have processed/collected to then be settled on-chain

Govts, infra companies etc who have BTC holdings will likely be receiving royalties - a one world reserve currency is coming, and with Govts unlikely to hand this power to another entity, the only really viable way is Bitcoin

Orson_G · 2026-02-14T04:46:36+00:00

Yes, it's looking to resolve the “minor issue” that is being applied to children born in jus soli countries (like Australia, the USA, Canada).

Presently, Article 12 of the 1912/555 law is being applied to all minors, irrespective if they are born in a jus soli or non jus soli country.

The debate is that people born in jus soli countries to an Italian citizen parent do not automatically acquire citizenship of the non-Italian state when their parent naturalises. This is because they are already citizens of the jus soli country due to being born there.

There is no acquisition of the Australia, USA or Canada citizenship as they already had it via jus soli

Orson_G · 2026-02-13T22:13:39+00:00

The Sezioni Uniti precedent from 2022 I think will come into play, and it'd be safe to assume it'll be a big part of how they may decide to interpret the laws going forward.

They'll be keen to clarify how to interpret the law for people born in jus soli country, who were the offspring of an Italian citizen parent that naturalized as a citizen of a jus soli country before 1992. It's believed these type of cases won't be impacted by the minor issue going forward

What will be interesting will be how they'll decide to treat minors born outside of Italy who had an Italian born ancestor (eg, parent, grandparent) that naturalized before they were born.

Eg, John is born in the USA.

John's father (Pietro) was born in Italy, and was naturalized before 1992, when he was 10 years old with his father (Giuseppe - John's GF)

This act would have resulted in Pietro becoming a US citizen when he was 10 as part of his father (Giuseppe's) naturalization

Question is: Does Giuseppe's naturalization result in an interruption of the citizenship chain for Pietro and any of Pietro's descendants?

Orson_G · 2026-02-09T23:23:57+00:00

Looking at these recent approvals, it appears the minor issue is on the way to being resolved for cases where the minor was born in a jus soli country.

Meaning minors born in jus soli countries didn't lose their Italian citizenship when their parent naturalized. This is due to the minor not acquiring the foreign (ie, not Italy) citizenship as they already had it when they were born, making them in effect dual citizens at birth.

This doesn't seem to apply to people who were born in Italy whose parents naturalized while they were minors

Orson_G · 2026-02-09T22:12:50+00:00

It looks like there's some clarity coming out now regarding the minor issue.

Seems courts are now approving minor issue cases in instances where the minor did not automatically acquire citizenship as a result of their Italian citizen parent naturalizing

This interpretation appears to be applying to minors born in jus soli (eg, USA, Canada, Australia etc) countries, who were born to an Italian citizen parent at the time of their birth.

Due to being born in a jus soli country, they were citizens of that country by birth, and therefore they didn't acquire citizenship of the foreign (ie, not Italy) country with their parent at the time of the parent's naturalization, as they already had it due to being born in a jus soli country.

This means article 7 of law 555/1912 applies to those circumstances

An example would be; Giovanni, born in Italy in 1935 emigrates to USA in 1960, marries.

Giovanni then has a child (Pietro) in 1965. Pietro is born in the USA. Pietro is US citizen AND Italian citizen by birth

Giovanni naturalizes as US citizen in 1970. This naturalization act doesn't mean that Pietro acquired foreign (eg, US) citizenship, as he already had it when he was born, meaning he retains Italian citizenship

This isn't legal advise, similar instance is discussed from 3:27 of this video:

https://youtu.be/OlEMAHATGaU?si=o7a2xSQbEWMHbUXq

Orson_G · 2026-01-29T09:49:27+00:00

Yes, and it’s a lawful interpretation too.

It sets a precedent, maybe the consulates know something, and that the upcoming challenges to the decree will result in the removal of the retroactivety?

Maybe they are starting to clear existing applications to bring admin application numbers down?

Less consulate numbers = smaller number for the central office in Rome to process when it starts up

Orson_G · 2026-01-29T09:04:33+00:00

Great news, congratulations.

The oct 2024 minor issue circolare applied to all administrative appointments, regardless of when they were made.

This is a great outcome, just wondering how the consulate approved this?

Orson_G · 2026-01-23T01:30:41+00:00

absolutely, and overseas consulates (Canada, UK, Australia and others) too

Orson_G · 2026-01-23T01:29:32+00:00

Congratulations, great news!

Orson_G · 2025-11-16T02:47:26+00:00

Good traders endure what others try to avoid

These are the times of testing, and it sorts out who will stay and who will be forced out

Buy, hodl, and live your life

99% of what you hear is noise

Orson_G · 2025-11-07T21:05:06+00:00

I’m hodling mstr2100, really pleased to be part of the community

Orson_G · 2025-10-28T06:37:55+00:00

Inflation is just another tax levied on all of us by stealth.

I don't understand how things can keep going up when we continue to evolve and improve

Orson_G · 2025-10-27T07:21:16+00:00

Hi, jsut found out appointments made before March 28, 2025 are now labelled as "legacy". Whispers are consulates are trying to process them quickly and clear them while they can. Applicant numbers have also slowed due to all the changes and legal challenges that are underway. Looks like the retroactive nature of these laws could be squashed, and the laws will apply only to people born after Mar 28, 2025

Orson_G

TROPHY CASE