With the decree issued on 5 December 2025, the Tribunale ordinario di Bologna, Specialised Section for Immigration, International Protection and Free Movement of EU Citizens, takes a clear and well-reasoned stance on one of the most sensitive issues in contemporary immigration law: complementary protection and its relationship with the social, occupational and family integration of third-country nationals, within the legal framework following Decree-Law No. 20/2023, converted into Law No. 50/2023.
The Bologna Court firmly rejects any restrictive interpretation of the 2023 reform, stating that the legislative changes have not undermined the core of the protection deriving from Italy’s constitutional and international obligations. In particular, the Court reaffirms that complementary protection remains the instrument through which constitutional asylum, as enshrined in Article 10(3) of the Italian Constitution, and the protection of private and family life under Article 8 of the European Convention on Human Rights continue to be effectively implemented.
The decree is noteworthy for the breadth and depth of its legal reasoning. The Court reconstructs the current framework of Article 19 of Legislative Decree No. 286/1998, clarifying that, even after the 2023 amendments, removal or expulsion remains prohibited whenever it would result in a serious violation of fundamental rights. In this perspective, integration is not treated as an automatic or purely formal requirement, but as a substantive element to be assessed concretely, through a genuine comparative evaluation between the life established in Italy and the conditions the person would face in the country of origin.
Of particular relevance is the Court’s reliance on the most recent case law of the Supreme Court of Cassation, which is used to confirm that social, occupational and family rootedness may, in itself, justify the granting of complementary protection where removal would entail a form of uprooting incompatible with a minimum standard of a dignified life. The reasoning reflects a constitutionally oriented approach, far removed from emergency-driven or purely security-based readings of immigration law.
The importance of this decision therefore extends beyond the individual case at hand. It stands as a significant point of reference for judges, lawyers and legal practitioners, offering a coherent reconstruction of the current criteria governing complementary protection and reaffirming that effective integration remains a central parameter in balancing public interests with the fundamental rights of the individual.
The full text of the decree is available in the Calameo publication at the following link:
https://www.calameo.com/books/0080797755d45c56b466f
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