sabato 24 gennaio 2026

Administrative Error in the Decree Flows System: TAR Puglia Orders the Issuance of the Residence Permit “Now for Then”

 Administrative Error in the Decree Flows System: TAR Puglia Orders the Issuance of the Residence Permit “Now for Then”

With a decision of significant systemic relevance, the Regional Administrative Court of Puglia – Third Section, published on 24 December 2025, addressed an issue that for years has generated litigation and uncertainty in practice: the management of entry quotas for seasonal work and the legal consequences of errors attributable to the Public Administration.

The case concerns non-EU nationals who lawfully entered Italy under the decree flows system, following the issuance of seasonal work authorisations. At a later stage, the Administration revoked those measures, alleging that the quotas had been exceeded and attributing the entry to an “IT error” or a material mistake. This led to the refusal of the residence permit and to the initiation of judicial proceedings.

The Court adopted a clear legal position: the verification of quota availability must be carried out ex ante, before the foreign worker’s entry, not ex post. Allowing entry and subsequently denying the residence permit on the ground of insufficient quotas effectively shifts onto the foreign national the consequences of an administrative malfunction for which they bear no responsibility. According to the Court, such an approach lacks legal rationality and is incompatible with the principles of fairness and proper administration.

The judgment upholds the appeal within the limits of the request for the issuance of a seasonal residence permit with “now for then” validity, recognising the applicants’ residual interest in regularising their legal status, also with a view to possible future administrative procedures. At the same time, the Court confirms—consistently with established case law—that a residence permit for job-seeking purposes cannot be granted in the context of seasonal work, as this is expressly excluded by the applicable legislation.

The ruling goes beyond the individual case. On the one hand, it reaffirms the Administration’s responsibility in managing migration flows; on the other, it safeguards the legitimate expectations of those who entered Italy on the basis of valid and effective administrative acts. In a context where the decree flows system is increasingly central to the labour market, yet structurally fragile from an organisational standpoint, this decision sets an important benchmark.

The full text of the judgment is available in the Calameo publication, which can be consulted at the following link and is intended for legal practitioners, scholars and professionals in the field:
https://www.calameo.com/books/008079775616a5b14b842

Avv. Fabio Loscerbo

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New on TikTok: Seasonal Work Permit and Right to be Heard: Italian Administrative Court Annuls Police Decision Welcome to a new episode of the podcast “Immigration Law”. I am Attorney Fabio Loscerbo, and today we discuss an important decision of the Italian administrative court concerning seasonal work permits and the right of a foreign national to participate in the administrative procedure. I am referring to the judgment of the Regional Administrative Court for the Marche Region (TAR Marche), Section II, number 292 of 2026, issued in case number 137 of 2026 and published on March 4, 2026. The case concerns a foreign national who entered Italy legally with a seasonal work visa valid for 270 days. However, once in Italy, he was unable to sign the residence contract with the employer indicated in the work authorization. For this reason, the Police Headquarters declared inadmissible the application for a residence permit for subordinate work – pending employment, arguing that the failure to establish the employment relationship automatically prevented the issuance of a residence permit. The Administrative Court did not agree with this approach. The central issue of the decision concerns the lack of prior notice of rejection required by Article 10-bis of Law No. 241 of 1990, which governs administrative procedures in Italy. According to the court, when a public administration intends to adopt a negative decision, such as the denial of a residence permit, it must first inform the applicant of the reasons that could lead to the rejection of the request. This notice allows the applicant to submit observations or additional documents in order to defend their position. In this case, that procedural guarantee was not respected. The declaration of inadmissibility had, in practice, the same effect as a denial of the residence permit, but without allowing the applicant to participate in the administrative process and provide explanations. For this reason, the TAR Marche upheld the appeal and annulled the decision of the Police Headquarters. At the same time, the court clarified that it did not rule on the merits of the residence permit itself. The administration must now re-examine the case following the correct procedural rules. This judgment confirms an important principle of administrative law: even in immigration procedures, the right to participate in the administrative process and to be heard before a negative decision is taken is a fundamental guarantee. Thank you for listening to this episode of the podcast “Immigration Law”. I am Attorney Fabio Loscerbo, and I will see you in the next episode.

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