According to Italy's Council of State, a long-term EU residence permit can be withdrawn after a particularly serious conviction

A long-term EU residence permit provides important stability, but it is not an absolute guarantee against revocation. In judgment no. 6906 of 16 September 2026, the Italian Council of State, Third Chamber, addressed the withdrawal of long-term resident status following a conviction for participation in a criminal association engaged in drug trafficking. The case illustrates how public-security concerns must be weighed against a person's family life and integration.

The dispute and its outcome

The administrative authority revoked a long-term EU residence permit held for employment purposes after a serious criminal conviction. According to the official case summary published by the Italian administrative justice system, the Council of State considered the withdrawal lawful. Its reasoning does not suggest that any criminal record automatically determines the loss of residence: the competent police authority must undertake a discretionary assessment that accounts for both the person's integration and indications of danger to society.

Why integration still matters

Employment, family ties and an established life in Italy remain relevant circumstances. The authority must consider them rather than treat them as legally invisible. Yet the court held that they may carry less weight when the criminal conduct has exceptionally serious social implications. In the case before it, the nature of the offence was decisive in the balancing exercise.

What should someone receiving a revocation notice do?

Obtain a complete copy of the decision and its notification record. Identify the actual grounds relied upon, the conviction concerned, and the individual circumstances the administration assessed. Gather available evidence of family relationships, length and continuity of residence, employment, rehabilitation or other developments where relevant. Such evidence is not a guarantee of success, but it is necessary to evaluate whether the decision reflects a real individual assessment.

Do not confuse revocation of long-term status with a final decision on every other potential basis for lawful stay. Any alternative residence entitlement must be examined separately under its own requirements. Similarly, a challenge against the revocation does not automatically suspend all its effects: the appropriate remedy, time limits and any need for urgent protection must be considered promptly.

The practical lesson

The decision rejects two oversimplifications: that serious convictions always require withdrawal without assessment, and that family and employment ties must always prevail. The proper question is whether the public-security considerations and the person's established life were evaluated together and whether the decision explains the outcome in the individual circumstances.

Case: Consiglio di Stato, Third Chamber, 16 September 2026, no. 6906, President De Nictolis, reporting judge Bernardini. Official source: Italian Administrative Justice, official case summary. This commentary is confined to the principle and outcome stated in the institutional summary.

Avv. Fabio Loscerbo
Lawyer admitted to practise before the Italian Court of Cassation
Registered in the Italian Chamber of Deputies' Register of Interest Representatives in the field of Immigration
Lobbyist registered in the European Union Transparency Register, no. 280782895721-36, in the field of Migration and Asylum
ORCID: 0009-0004-7030-0428
This article was prepared with the assistance of AI tools, under the author's direction, review and editorial responsibility.