Bologna Court Confirms Special Protection Rights Despite Italy’s Cutro Decree

Bologna, Italy – Two important decisions issued by the Bologna Court on May 22, 2026, have reaffirmed that foreign nationals who have built a genuine life in Italy may still qualify for special protection residence permits, even after the restrictive reforms introduced by the so-called Cutro Decree.

The rulings concerned two Moroccan nationals whose applications for international protection had been rejected by the Territorial Commission. After reviewing the cases, however, the Court concluded that both applicants had developed strong social, economic, and personal ties in Italy that made their removal incompatible with the protection of fundamental rights.

The decisions are particularly significant because they rely heavily on a recent ruling of the Italian Supreme Court, decision no. 13309 of November 11, 2025. In that landmark judgment, the Supreme Court clarified that the 2023 reforms did not eliminate the protection of private and family life guaranteed under Article 8 of the European Convention on Human Rights.

According to the Bologna Court, the legal framework introduced by the Cutro Decree must still be interpreted in light of Italy’s constitutional and international obligations. As a result, immigration authorities and courts remain required to assess whether a person's removal would disproportionately interfere with the private and family life established in Italy.

In the first case, the Court highlighted the applicant’s continuous employment in the construction sector, his independent housing arrangement, and the fact that he had obtained an Italian driving licence. In the second case, judges emphasized a permanent employment contract, participation in Italian language courses, stable accommodation, and the absence of any criminal record.

The Court stressed that integration cannot be measured solely through employment. Instead, judges must evaluate the overall reality of a person’s life in Italy, including social relationships, economic independence, community involvement, and respect for the rules of the host country.

By recognizing the applicants’ right to special protection residence permits, the Bologna Court confirmed that integration remains a key factor in Italian immigration law, despite legislative efforts to narrow the scope of humanitarian-based protections.

The decisions are expected to influence many pending cases throughout Italy, particularly those involving foreign nationals who have developed strong ties to Italian society while awaiting the outcome of immigration proceedings.

As Italian courts continue to interpret the post-Cutro legal framework, these rulings suggest that constitutional principles and human rights obligations will remain central to the assessment of special protection claims.

Fabio Loscerbo
Immigration Lawyer

ORCID: https://orcid.org/0009-0004-7030-0428