In the account of attorney Alessandro Mignacca, Italian citizenship is not merely a matter of legal provisions, but also a reflection of major historical changes. Laws, he explains, must adapt to a world in flux and to an Italian community that for centuries has lived and grown well beyond the geographical boundaries of the peninsula. “With globalization, the law—or its interpretation—also changes,” he says. And he adds, “We’ll find out in the coming years what legal developments lie ahead, if any.”
One of the most significant shifts occurred in 1992, when a new law allowed Italians to acquire other citizenships without losing their original one. It marked a clear break from the past, when naturalizing in another country meant automatically forfeiting Italian citizenship. “Before the 1912 law, the legislation in force dated back to 1865, and in some ways it was even more restrictive,” Mignacca recalls. Today, it is even possible to hold three citizenships at once.
But law, though written, is also subject to interpretation. And sometimes those interpretations change suddenly, creating uncertainty. That’s the case with a recent circular issued by the Ministry on October 3, 2024, which ruled that if a parent naturalized before 1992, their underage children automatically lost Italian citizenship as well. “Only children who were already adults at the time are now excluded from this rule,” Mignacca explains, “and adulthood was reached at age 21 until 1973, and now at 18.”
This new interpretation jeopardizes the rights of many people, particularly in the Italian American community. But the lawyer remains optimistic: “We’re confident we can get the Ministry to change its interpretation again, even through judicial victories,” he says. Citizenship law is a field in which jurisprudence has often anticipated or corrected political choices. Like in 2009, when the Court of Cassation opened the path to citizenship for descendants of Italian women born before 1948.
Mignacca also pays close attention to the social and cultural dynamics that accompany these legal shifts. Italy is a country of emigration, and its people are scattered around the world. “This mass migration ultimately led Italy to recognize itself in those distant places,” he observes. A recognition that has gone well beyond the bureaucratic realm: Italian communities abroad have often become the custodians of a certain idea of Italianness.
The issue also invites broader reflection on the relationship between citizens and institutions. “Many Italian Americans are now finding themselves stripped of their right to citizenship due to this new interpretation,” Mignacca says. These are complex cases, where the law often seems to ignore family continuity, cultural heritage, and a deep sense of belonging. The legal system must reckon with these contradictions.
Despite the challenges, the goal of Mignacca’s law firm is clear: to support people through these processes and uphold their rights. It’s also a way to contribute, concretely, to a more modern vision of citizenship. “We’re closely connected to the reality of the Americas,” he concludes, “but for now, we’re staying in Italy.” The project, however, looks far ahead—and follows closely not only changes in the law, but also in the society the law is meant to serve.
