Report
Migrants have a right to private and family life in Italy, court rules
The Supreme Court responded unequivocally: protection remains guaranteed when there is a “rootedness of the foreign citizen,” in light of the Italian state’s constitutional and international obligations.
The so-called “Cutro decree” – passed in March 2023 following the deadly shipwreck off the coast of Calabria – did not abolish the right to respect for the private and family life of foreign nationals present in Italy. This was clarified by the First Civil Section of the Court of Cassation in a ruling responding to a query from the Tribunal of Venice regarding the case of a Senegalese citizen who had been denied international protection by the Territorial Commission.
The Venetian court had asked whether, following Interior Minister Matteo Piantedosi’s deletion of all references to the protection of private and family life from the Consolidated Act on Immigration, this element was now “excluded from the scope of complementary protection.” The Supreme Court responded unequivocally: protection remains guaranteed when there is a “rootedness of the foreign citizen,” in light of the Italian state’s constitutional and international obligations.
Specifically, this refers to Article 8 of the European Convention on Human Rights (ECHR). Those responsible for deciding on the recognition of special protection must verify “on a case-by-case basis” whether repatriation would result in a disproportionate violation of these rights, taking into account the level of “social, professional, and emotional integration in Italy.” The high court judges reiterated – citing a 2021 ruling by the Joint Sections – that elements such as employment, knowledge of the language, attendance of training courses, the presence of minor children or a long period of residence in the country must all be taken into account, “with rigor and humanity.”
This brings to a close a long jurisprudential debate on the subject, marked by conflicting interpretations between Territorial Commissions and specialized court sections, which had de facto curtailed the scope of application of special protection.
Originally published at https://ilmanifesto.it/per-i-migranti-resta-la-tutela-della-vita-privata on 2025-11-11