SIS Alerts a Key Legal Clarification

Welcome to a new episode of the Immigration Law podcast. My name is lawyer Fabio Loscerbo. Today we focus on SIS alerts, meaning alerts entered into the Schengen Information System, a topic that in practice has a decisive impact on freedom of movement, the right to re-enter Italy, and more generally on the legal status of foreign nationals. The key question is this: what happens to an SIS alert when an expulsion order is annulled by a judge? The answer is not always what one might expect, and it is clearly explained by a recent judgment of the Regional Administrative Court of Campania, Seventh Section, published on 2 February 2026, judgment number 724 of 2026, issued in proceedings registered under general register number 2589 of 2025 . In this case, a Justice of the Peace had annulled a prefectural expulsion decree. Following that decision, the Police Headquarters correctly cancelled the SIS alert linked to that specific decree. However, another alert remained in the databases, based not on the annulled prefectural measure, but on a criminal expulsion measure resulting from a final criminal conviction adopted several years earlier. The applicant therefore brought enforcement proceedings, arguing that the annulment of the expulsion should have resulted in the cancellation of all adverse SIS alerts. The Administrative Court rejected that argument and clarified a fundamental principle that must be stated plainly: the annulment of an expulsion order only affects the SIS alert that is legally based on that specific order. It does not invalidate, nor render ineffective, other alerts based on different legal grounds, such as an expulsion measure imposed as a consequence of a criminal conviction. In other words, the Schengen Information System is not a single, uniform entry. It is a system that may contain multiple alerts, each legally autonomous. Each alert stands or falls depending on its own legal basis. If that legal basis remains valid, the alert remains lawful. This point is crucial in legal practice. Obtaining the annulment of an expulsion does not automatically mean that the SIS position is fully cleared. It is always necessary to verify the concrete origin of the alert, to distinguish between administrative and criminal measures, and to assess whether any legal grounds are still in force. The judgment of the Regional Administrative Court of Campania makes it clear, without any ambiguity, that immigration law is built on legal stratification. Effective protection depends on legal precision, not on automatic assumptions. We will return to this topic, because SIS alerts remain one of the most delicate and least understood elements of the entire system. Thank you for listening, and see you in the next episode of the Immigration Law podcast. https://www.youtube.com/watch?v=9EN6IMfFR2s