Commentary on Judgment No. 38614 of 17/09/2024: Illegal Entry and Stay and Residence Permits
The judgment No. 38614 of September 17, 2024, of the Court of Cassation represents an important ruling in the field of immigration and residence permits in Italy. It provides significant clarification on the legal consequences related to illegal entry and stay in Italian territory, particularly regarding residence permits issued for family reasons.
The Case Under Examination
In this case, the defendant, A. E. B., was in a situation of illegal stay in our Country. However, during the proceedings, he had obtained a residence permit for family reasons. The central issue was whether this permit could influence the judge's decision to declare no grounds for proceeding against him, based on Article 10-bis, paragraph 6, of Legislative Decree No. 286 of 1998, which establishes the conditions for the issuance of a residence permit.
Illegal entry and stay in the territory of the State - Judgment of no grounds for proceeding pursuant to Article 10-bis, paragraph 6, of Legislative Decree No. 286 of 1998 - Residence permit issued for family reasons - Relevance - Exclusion. In the matter of illegal entry and stay in the territory of the State, the issuance, during the course of the proceedings, of a permit to stay in Italy for family reasons cannot lead to a judgment of no grounds for proceeding pursuant to Article 10-bis, paragraph 6, Legislative Decree of July 25, 1998, No. 286, as it concerns a residence permit different from those expressly indicated by the law.
The Significance of the Judgment
The Court clarified that the residence permit for family reasons, although issued, cannot automatically lead to a judgment of no grounds for proceeding in the case of illegal entry and stay. This is because the residence permit for family reasons is not included among those provided by the regulations as exempt from liability for illegal stay. In other words, the law requires a specific type of permit, such as those for work or asylum purposes, in order for the judgment of no grounds for proceeding to apply.
- Clarification on residence permits: only certain types can lead to a judgment of no grounds for proceeding.
- Importance of the regulations: Italian law distinguishes between different reasons for stay.
- Practical implications: asylum seekers and family members of Italian citizens must be aware of the legal differences.
Conclusions
The judgment No. 38614 of 2024 offers an important reflection on a topic that is both delicate and current: the management of illegal entries and stays in Italy. It highlights how asylum rights and residence permits for family reasons cannot be considered equivalent to those provided by regulations to avoid criminal liability. This clarification is fundamental for lawyers and professionals in the field, but also for citizens and foreigners who wish to better understand the rights and duties related to staying in our Country.
