Revocation of the EU Long-Term Residence Permit Between Public Security Assessment and the Obligation to Grant an Alternative Residence Status: Commentary on TAR Emilia-Romagna, First Section, 26 February 2026, No. 334
The judgment delivered by the Regional Administrative Court for Emilia-Romagna (First Section) on 26 February 2026, No. 334 (case registered under general docket number 58 of 2026), provides an important opportunity to examine the legal framework governing the revocation of the EU long-term residence permit under Article 9 of Legislative Decree No. 286 of 25 July 1998 (Italian Immigration Consolidated Act).
The full text of the decision is available at the following link:
https://www.calameo.com/books/008079775aec2d43b9d32
The case originated from a decision of the Police Headquarters of Bologna revoking an EU long-term residence permit on the basis of a finding of social dangerousness, grounded in final criminal convictions for particularly serious offences. The applicant challenged the measure, arguing, inter alia, that the revocation was de facto automatic and that the administration had failed to properly assess his social, family and professional integration in Italy.
The Court addressed the structure of Article 9 of the Immigration Act. Paragraph 4 provides that the EU long-term residence permit cannot be granted to foreigners who are considered a threat to public order or State security. By virtue of the combined effect of paragraphs 4 and 7, the permit may also be revoked where the relevant conditions are no longer met. However, the provision requires a substantive assessment: the authority must consider the duration of lawful residence in Italy and the level of social, family and professional integration of the person concerned.
The judgment aligns with consolidated case law holding that revocation of long-term residence status cannot be based on an automatic link between criminal conviction and loss of status. A current and individualized assessment of dangerousness is required. In the present case, the Court found that the administration had carried out such an assessment, examining the seriousness of the offences, the impact on fundamental rights, and the applicant’s overall conduct. The evaluation was deemed neither illogical nor unreasonable, and therefore the revocation was upheld as lawful in that respect.
The most significant aspect of the ruling concerns Article 9, paragraph 9, of the Immigration Act. This provision states that where a long-term EU residence permit is revoked and expulsion is not ordered, the foreign national must be granted another type of residence permit in accordance with the Immigration Act. The norm embodies a principle of legal continuity: the loss of the “enhanced” long-term status does not automatically entail irregular stay.
In the case at hand, the Police Authority failed to carry out any assessment regarding the possible issuance of an alternative residence permit. The Court therefore partially upheld the appeal, annulling the decision insofar as it omitted consideration of this statutory obligation. The administration is now required to re-examine the applicant’s position and to assess, in light of his current circumstances, whether the requirements for a different residence permit are met.
The judgment is noteworthy for its balanced approach. On the one hand, it reaffirms the administration’s discretionary power to protect public order through a properly reasoned and individualized dangerousness assessment. On the other, it underscores that such discretion must operate within the full framework of statutory guarantees. Revocation cannot create a legal vacuum; if expulsion is not imposed, a new legal status must be evaluated.
The decision thus reinforces a core principle of the rule of law in immigration matters: administrative discretion must always be exercised in compliance with proportionality, procedural completeness, and substantive legality.
Avv. Fabio Loscerbo
ORCID: 0009-0004-7030-0428
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