venerdì 12 dicembre 2025

Complementary Protection and the Test of Integration: Insights from the Florence Tribunal’s Decree of 4 December 2025

 Complementary Protection and the Test of Integration: Insights from the Florence Tribunal’s Decree of 4 December 2025

The recent decree issued by the Tribunal of Florence on 4 December 2025 (R.G. 12055/2024) adds a decisive contribution to the ongoing debate on the scope and function of complementary protection in Italy after the legislative reforms introduced by Decree-Law 20/2023. The ruling confirms a judicial approach that remains firmly anchored to constitutional guarantees and international obligations, even as the legislative landscape has become more fragmented.
The full decree is publicly available at the following link: https://www.calameo.com/books/008079775a54122e54b1f.

The Florence Tribunal examined the case of a Moroccan citizen whose application for international protection had been rejected by the Territorial Commission. Despite the administrative denial, the court reconstructed the relevant legal framework with precision, highlighting that the core of Article 19 of the Italian Consolidated Immigration Act remains unchanged: Italy may not remove or return a person to a State where there is a risk of torture or inhuman treatment, nor when removal would violate constitutional or international obligations.

What emerges clearly from the ruling is that, even after the repeal of certain provisions in 2023, complementary protection continues to operate as a constitutional safeguard. The Tribunal explicitly refers to the pre-2020 jurisprudence of the Court of Cassation, especially the landmark decisions of 2018, 2019 and 2021, which defined the comparative assessment between the applicant’s integration in Italy and the conditions awaiting them in their country of origin.

In this specific case, the court found compelling evidence of strong social and economic integration: stable employment culminating in an open-ended contract, secure housing, progress in Italian language acquisition and a demonstrated commitment to long-term settlement. These are not merely formal indicators, but concrete elements that give substance to private and family life—interests protected under Article 8 of the European Convention on Human Rights.

The Tribunal emphasised that a forced return would almost certainly result in a serious deterioration of the applicant’s living conditions, especially considering the weakening of familial and social ties in Morocco. This decisive decline, when weighed against the level of integration achieved in Italy, triggers the constitutional limits on expulsion and activates the obligation to grant complementary protection.

The ruling also reiterates an important operational principle: where removal would contravene constitutional or international obligations, the issuance of a residence permit for special protection is not optional but mandatory. No public-order concerns were identified, underscoring how the individual’s overall integration becomes central to the court’s decision-making process.

For legal practitioners and policymakers, the Florence decree serves as a reminder that complementary protection remains a vital instrument within the Italian system—one that cannot be restricted through legislative shortcuts. Territorial Commissions are required to conduct a genuine comparative assessment, rather than rely on schematic or overly narrow interpretations of vulnerability.

In a broader context, the ruling contributes to an evolving jurisprudence that seeks coherence in an area marked by frequent legislative intervention. Its publication helps clarify the standards that should guide administrative decision-making and judicial review in cases involving individuals who have built a substantial, lawful and meaningful life in Italy.

The full text of the decision can be consulted and downloaded here: https://www.calameo.com/books/008079775a54122e54b1f.

Avv. Fabio Loscerbo

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New on TikTok: Residence permit denied by the Police but granted by the Court: a job and real integration are enough for special protection Welcome to a new episode of the podcast Immigration Law. My name is lawyer Fabio Loscerbo, and today we address a very practical issue: what happens when the Police deny a residence permit, but the Court overturns that decision. We are talking about a judgment of the Court of Bologna, case number 591 of 2025, concerning the recognition of special protection . The Police had denied the permit, arguing that the applicant had not demonstrated sufficient integration. This is a very common reasoning in practice: authorities often expect an almost “perfect” level of integration, as if a foreign national had to prove complete and definitive social inclusion. The Court takes a different approach, one that is more consistent with the law and recent case law. It clearly states that full integration is not required. What matters is a serious and concrete path of integration, even if it is still ongoing. In this case, the applicant had a stable job, an income, had attended language courses, and had been living in Italy for several years. All these elements, taken together, show real social integration. At this point, a key legal principle comes into play: the right to private life under Article 8 of the European Convention on Human Rights. This concept does not only concern family ties, but also includes social relationships, work, and the life a person builds over time. The Court states that removing a person in such circumstances would mean uprooting them and seriously affecting their fundamental rights. It also adds an important point: if there are no concerns related to public safety or public order, the State’s interest in expulsion becomes weak. The outcome is clear: the Court recognizes the right to a residence permit for special protection, valid for two years, renewable and convertible into a work permit . The message of this decision is straightforward: if a person works, integrates, and builds a life in Italy, this reality cannot be ignored. And this is exactly where the future of immigration law will increasingly be decided. Thank you for listening, and see you soon for a new episode of Immigration Law.

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