domenica 29 marzo 2026

Schengen Alert and Residence Permit

Schengen Alert and Residence Permit A recent judgment of the Consiglio di Stato confirms that a Schengen alert cannot automatically justify a refusal. Authorities must assess its specific reasons and current validity. Without proper investigation, the decision is unlawful https://www.youtube.com/watch?v=bdnNg_qK4xk
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New on TikTok: Special Protection After the Cutro Decree: The Bologna Court Confirms the Importance of Integration and Private Life Welcome to a new episode of the Immigration Law podcast. My name is Fabio Loscerbo, and I am an immigration lawyer. Today we will discuss two important decisions issued by the Bologna Court on May 22, 2026. These rulings confirm a principle that could have a significant impact on many pending special protection cases in Italy. The cases involved two Moroccan citizens whose applications for international protection had been rejected by the Territorial Commission. However, during the court proceedings, a crucial fact emerged: both individuals had built a genuine life in Italy through regular employment, stable housing, social relationships, and compliance with Italian laws. The most significant aspect of these decisions is the Court's reliance on Italian Supreme Court ruling number 13309 of 2025. According to the Bologna Court, the Cutro Decree did not eliminate the protection of a foreign national's private and family life. Even after the 2023 legislative reforms, constitutional and international obligations still require authorities to consider a person's level of integration into Italian society. The judges emphasized that the more a person has established their life in Italy, the more serious the consequences of removal may be. Such removal can violate the right to private and family life protected by Article 8 of the European Convention on Human Rights, as well as fundamental principles of the Italian Constitution. The assessment is not limited to employment alone but includes the overall social, personal, and family integration achieved in Italy. In the first case, the Court considered years of employment in the construction sector, independent housing, and the achievement of an Italian driving licence. In the second case, the Court highlighted a permanent employment contract, attendance at Italian language courses, autonomous housing, and the absence of any criminal record or negative conduct. Based on these factors, the Bologna Court granted both applicants a two-year renewable special protection residence permit, allowing them to work legally in Italy. These decisions confirm that integration remains a key factor in special protection cases and that the right to private and family life continues to play a central role even under the legal framework introduced after the Cutro Decree. Thank you for listening to this episode of the Immigration Law podcast. I am Fabio Loscerbo, and I look forward to seeing you in the next episode.

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