domenica 4 gennaio 2026

Revoca della cittadinanza italiana e falsità documentale: il potere di autotutela tra legalità e affidamento

 Revoca della cittadinanza italiana e falsità documentale: il potere di autotutela tra legalità e affidamento

Abstract
Il contributo analizza il parere reso dalla Prima Sezione del Consiglio di Stato nell’adunanza del 4 dicembre 2025, relativo all’affare numero 669 del 2023, concernente l’annullamento in autotutela di un decreto di concessione della cittadinanza italiana ottenuto sulla base di documentazione risultata falsa. L’analisi si concentra sui presupposti applicativi dell’articolo 21-nonies della legge n. 241 del 1990, sui limiti del legittimo affidamento e sul rapporto tra falsità documentale e stabilità dello status civitatis.

1. Inquadramento della questione
La cittadinanza italiana, pur rappresentando il punto di approdo di un procedimento amministrativo, non è sottratta ai principi generali dell’azione amministrativa. In particolare, essa resta esposta al potere di autotutela dell’Amministrazione quando emerga che il provvedimento concessorio sia stato adottato sulla base di una falsa rappresentazione dei presupposti di fatto. Il parere in esame si inserisce in un filone giurisprudenziale volto a riaffermare la centralità del principio di legalità anche a fronte di posizioni soggettive consolidate nel tempo.

2. I fatti essenziali dell’affare
Nel caso esaminato, il decreto di concessione della cittadinanza, adottato nel 2017, è stato successivamente annullato a seguito dell’accertamento della falsità dei certificati di nascita e del certificato penale prodotti dal richiedente. A distanza di anni, l’Amministrazione ha ritenuto insanabilmente viziata l’istruttoria originaria, procedendo al ritiro del provvedimento. Il ricorrente ha invocato il decorso del tempo, la buona fede e l’asserita violazione delle garanzie partecipative, proponendo ricorso straordinario al Presidente della Repubblica.

3. L’applicazione dell’art. 21-nonies l. 241/1990
Il Consiglio di Stato chiarisce che il limite temporale all’esercizio dell’autotutela non opera quando l’illegittimità del provvedimento derivi da una falsa rappresentazione dei fatti imputabile al destinatario. In tali ipotesi, il decorso del tempo non consolida la posizione soggettiva, poiché nessun affidamento meritevole di tutela può sorgere da un vantaggio conseguito mediante documentazione falsa. La valutazione sull’interesse pubblico risulta, in questi casi, intrinseca alla necessità di rimuovere un atto viziato alla radice.

4. Falsità documentale e irrilevanza della distinzione materiale/ideologica
Particolarmente significativo è il passaggio in cui il Consiglio di Stato esclude rilevanza alla distinzione tra falsità materiale e falsità ideologica, nonché all’eventuale assenza di responsabilità penale del richiedente. Ciò che assume rilievo decisivo è l’oggettiva non veridicità dei documenti posti a fondamento del provvedimento favorevole, idonea a compromettere l’intero procedimento amministrativo.

5. Garanzie partecipative e comunicazione di avvio del procedimento
La decisione affronta anche il tema delle garanzie procedimentali, affermando che la comunicazione di avvio del procedimento può essere omessa quando la partecipazione del privato non sia in grado di incidere sull’esito finale. In presenza di una falsità documentale accertata e non contestata nel suo dato oggettivo, l’apporto partecipativo non potrebbe condurre a una diversa determinazione dell’Amministrazione.

6. Considerazioni conclusive
Il parere in commento conferma un orientamento rigoroso in materia di cittadinanza, riaffermando che lo status civitatis non può fondarsi su presupposti falsi e che la stabilità del rapporto giuridico è subordinata alla legittimità originaria del provvedimento. La pronuncia assume rilievo sistemico, poiché rafforza l’idea che l’integrazione giuridica dello straniero passi anche attraverso il rispetto delle regole procedimentali e della veridicità documentale, senza spazi per sanatorie di fatto fondate sul mero decorso del tempo.

Fonte primaria del provvedimento
La decisione oggetto di analisi è consultabile integralmente nella pubblicazione Calameo:
👉 https://www.calameo.com/books/0080797755a8023a7e568
(link diretto: https://www.calameo.com/books/0080797755a8023a7e568)

Avv. Fabio Loscerbo

Dichiarazione di trasparenza sulle fonti:
Il presente contributo si basa esclusivamente sull’analisi del testo ufficiale del parere del Consiglio di Stato, pubblicato nella versione integrale indicata sopra. Non sono state elaborate massime né parafrasi del principio di diritto diverse da quanto desumibile direttamente dalla motivazione del provvedimento.

sabato 3 gennaio 2026

Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/w0tqm7R from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/arOlC3X from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/xr2W1fG from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/w0tqm7R from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/arOlC3X from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/w0tqm7R from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz
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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo

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venerdì 2 gennaio 2026

New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk https://ift.tt/YUzhVm8 from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT https://ift.tt/HLSDOGK from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT https://ift.tt/0mxlvGh from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk https://ift.tt/YUzhVm8 from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT https://ift.tt/HLSDOGK from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT

from Avv. Fabio Loscerbo https://ift.tt/bfT59ME
via IFTTT

New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk https://ift.tt/YUzhVm8 from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT

from Avv. Fabio Loscerbo https://ift.tt/bfT59ME
via IFTTT

New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk

from Avv. Fabio Loscerbo https://ift.tt/bfT59ME
via IFTTT

Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/t7o5Zjk https://ift.tt/Lhk7Sad https://ift.tt/ebmgrqh

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law.

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