The first decisions on the Pact and the implementing legislation. Each entry gives the headnote and links to the articles in the interactive texts (in Italian). The collection has only just begun: tell us about a decision. For the courts in Luxembourg and Strasbourg, see the European case law.
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Court or authority
Proceedings
Interim outcome
Interim decree (Article 35-bis(4-bis) of Legislative Decree 25/2008) · R.G. 17949/2026
In the accelerated examination procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348 — based on origin from a country with a recognition rate below 20% in the E...
Interim decree (Article 35-bis(3) of Legislative Decree 25/2008) · N.R.G. 15142-1/2026
In the accelerated border procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348, the Commission may not dismiss as generic an allegation — requiring further exa...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) — with revocation of the closure order · R.G. non indicato nel provvedimento
In the accelerated examination procedure under Article 42, point (j), of Regulation (EU) 2024/1348, the personal account put forward — here, for a Colombian appellant, extortion...
Analogous interim decrees (Article 35-bis(3), (4) and (5) of Legislative Decree 25/2008) · N.R.G. 15068-1/2026 e 15108-1/2026
The vulnerability indicated in the screening form — membership of the vulnerable groups as a “person who has been subjected to other serious forms of psychological, physical or ...
Interim decree (Article 35-bis(3) of Legislative Decree 25/2008) · N.R.G. 15588/2026
The accelerated border procedure cannot be applied on the sole ground of a recognition rate equal to or below 20%: Article 42(1), point (j), of Regulation (EU) 2024/1348 require...
Interim decree (Article 35-bis(4-bis) of Legislative Decree 25/2008) · Procedimento R.G. 18229/2026
The application of the accelerated procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348 — based on origin from a country with an EU recognition rate for intern...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 15360/2026
Article 79 of Regulation (EU) 2024/1348, which refers only to applications that have been “lodged”, does not clarify which rules apply to proceedings begun by an expression of t...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 10378/2026
Outside automatic suspension — because the cases under Article 35-bis(3) of Legislative Decree 25/2008 and Article 68(3) of Regulation (EU) 2024/1348 apply — authorisation to re...
Interim decree (Article 35-ter(4) of Legislative Decree 25/2008) · N.R.G. 13922-1/2026
The assessment entrusted to the judge at the interim stage is the natural forum for reviewing whether the border procedure was correctly activated and whether the information ob...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 31896-1/2026
For the purposes of intertemporal law under Article 79(3) of Regulation (EU) 2024/1348 and Article 17(4) of Decree-Law 100/2026, the expression “applications lodged” does not re...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 13498-1/2026
Failure to tick the box confirming the information on the rights under Articles 15 et seq. of the Procedures Regulation — in the present case, the box on the lodging record is u...
Interim decree (Article 35-ter(4) of Legislative Decree 25/2008) · N.R.G. 13622-1/2026
Communication of the information obligations under Article 8 of Regulation (EU) 2024/1348 is an indispensable procedural step: an information form not signed by the linguistic m...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 13298-1/2026 e N.R.G. 13384-1/2026
The misalignment between the determination of the President of the Commission — which orders only the accelerated procedure under Article 42 of Regulation (EU) 2024/1348 — and t...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 13060-1/2026
The "lodging" to which Article 79(3) of Regulation (EU) 2024/1348 ties the application of the Regulation is the technical institution defined by recital 29 and Article 28: a new...
Interim decree (Article 35-ter(4) of Legislative Decree 25/2008) · N.R.G. 36532-1/2026
The determination by which the President of the Commissione territoriale applies the accelerated border procedure presupposes an assessment of the application under Article 42 o...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 12067/2026
The information provided for in Article 11 of Regulation (EU) 2024/1356 (screening) and that provided for in Article 8 of Regulation (EU) 2024/1348 (procedures) are neither inte...
Interim decree (Article 35-ter(4) of Legislative Decree 25/2008) · N.R.G. 36319-1/2026
The border procedure applied to an applicant transferred to Milan is unlawful on two independent grounds. First, Milan is relevant as the place where the procedure is carried ou...
Interim order (Article 700 of the Code of Civil Procedure during a complaint under Article 5-quinquies of Legislative Decree 142/2015) · N.R.G. 5022-1/2026
An interim application under Article 700 of the Code of Civil Procedure, brought together with the complaint under Article 5-quinquies of Legislative Decree 142/2015 against the...
Interim decree (Article 35-bis(4) and (4-bis) of Legislative Decree 25/2008) · R.G. 14053/2026
In the accelerated border procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348, the determining authority must comply with the fundamental principles and guara...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 14126-1/2026
The expression “lodged” in Article 79(3) of Regulation (EU) 2024/1348 has a technical meaning that does not coincide with the expression of the wish to apply (Article 26) or wit...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. oscurato/2026
In the accelerated procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348, the Commissione territoriale is under an obligation to verify in concrete terms the ne...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 39909/2026
The Tribunal verifies of its own motion the correctness of the special procedures of Regulation (EU) 2024/1348, both as to the conditions of Article 42 and as to compliance with...
Interim decree (Article 35-bis(3), (4) and (5) of Legislative Decree 25/2008) · N.R.G. 17417/2025
The accelerated procedure under Article 28-bis of Legislative Decree 25/2008 can be regarded as properly initiated only if the determination of the President of the Commissione ...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 11088/2026
A copy of the accelerated-procedure determination communicated to the applicant bearing the words “signed original on file”, without a handwritten or digital signature, does not...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 26906-1/2026
Article 79(3) of Regulation (EU) 2024/1348 reserves the new rules for applications lodged from 12 June 2026: Directive 2013/32/EU remains applicable to applications lodged befor...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 13748-1/2026
The border procedure is unlawfully applied to an applicant whom the screening identified as needing psychological support and as a person subjected to torture and serious violen...
Order (complaint under Article 5-quinquies of Legislative Decree 142/2015 against the authorisation to reside in a specific place) · R.G. 10802/2026
The seven-day time limit for the complaint under Article 5-quinquies(1) of Legislative Decree 142/2015 runs from actual knowledge of the decision: the service report which attes...
Interim decree (Article 35-bis(3), (4) and (5) of Legislative Decree 25/2008) · N.R.G. 13590-1/2026
For the purposes of the transitional rules of Article 17(4) of Decree-Law 100/2026, an application must be regarded as "made" before 12 June 2026 where, before that date, the ap...
Interim decree (Article 35-bis(2) and (3) of Legislative Decree 25/2008) · N.R.G. 16068/2026
To applications for international protection expressed before 12 June 2026, although the new procedural rules introduced by Decree-Law 100/2026 apply, the substantive rules in f...
Interim decree — subsequent application declared inadmissible · R.G. 11120-1/2026
Even where the merits appear to fall within the jurisdiction of another specialised division (here Perugia, seat of the section of the Commissione territoriale that decided), th...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · Proc. 16082/2026
To applications for international protection expressed before 12 June 2026, although the new procedural rules introduced by Decree-Law 100/2026 apply, the substantive rules in f...
Interim decree (Article 35-ter(4), first sentence, of Legislative Decree 25/2008) · R.G. 4748/2026 -1 (cronol. 6169/2026)
The border procedure requires that the ministerial decree provided for by Article 28-bis of Legislative Decree 25/2008 has already been adopted and entered into force when the p...
Interim decree (suspension of enforceability, Article 3(3-quater) of Legislative Decree 25/2008) · R.G. oscurato nel provvedimento (anno 2026)
For the appeal against a transfer decision adopted by the Dublin Unit in respect of a person who registered the application for international protection before 1 July 2026, Arti...
Interim decree (Article 35-bis(3), (4) and (5) of Legislative Decree 25/2008) · N.R.G. 12908-1/2026
For the purposes of the transitional rules of Article 17(4) of Decree-Law 100/2026, an application is to be regarded as «made» before 12 June 2026 where, before that date, the a...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 3003-1/2026 (sub 1)
If the Commissione territoriale decided an application made after 12 June 2026 by applying the former rules — here declaring it manifestly unfounded under Article 28-ter(1)(a) o...
Twin interim decrees (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 12435-1/2026 e 12518-1/2026
Article 79 of Regulation (EU) 2024/1348, referring only to applications that have been «lodged», does not clarify which rules apply to proceedings begun with an expression of th...
Interim decree inaudita altera parte (Article 700 and Article 669-sexies(2) of the Code of Civil Procedure) · R.G. 9094/2026
For the purposes of Article 17(4) of Decree-Law 100/2026, the administrative procedure on the application for protection begins when the applicant expresses the wish to apply fo...
Interim decree (Article 35-bis of Legislative Decree 25/2008) · R.G. oscurato nel provvedimento
Even for an application lodged after 12 June 2026 — and therefore subject to the Pact — the application of the accelerated procedure based on Article 28-bis(2)(c) of Legislative...
Interim decree (Article 35-bis of Legislative Decree 25/2008) · N. 17573-1/2026 r.g.a.c.
For applications made after 11 June 2026 and decided under the accelerated procedure, Article 35-bis of Legislative Decree 25/2008 as amended provides as the only interim protec...
Interim decree inaudita altera parte (Articles 700 and 669-sexies of the Code of Civil Procedure in the complaint under Article 5-quinquies of Legislative Decree 142/2015) · R.G. 4538/2026
The reporting, by an anti-trafficking body, of the applicant as a potential victim of trafficking triggers the duty to assess whether to activate referral and requires the Commi...
Interim decree inaudita altera parte (Article 700 of the Code of Civil Procedure in the complaint under Article 5-quinquies of Legislative Decree 142/2015) · R.G. 4412/2026
The ministerial decree of 5 August 2019, which designates the provinces of Trieste and Gorizia as border or transit zones, is obsolete and cannot ground the new border procedure...
Interim decree issued without hearing the other party (Article 700 of the Code of Civil Procedure in the complaint under Article 5-quinquies of Legislative Decree 142/2015) · N.R.G. 12580-1/2026
In the complaint under Article 5-quinquies of Legislative Decree 142/2015, atypical interim protection under Article 700 of the Code of Civil Procedure is admissible. The Prefec...
Interim decree (Article 35-bis(3) and (4) of Legislative Decree 25/2008) · N.R.G. 9251-1/2026
The duty to inform under Article 8(2) of Regulation (EU) 2024/1348 is timely and preventive and must be read in the light of recital 31: it is not discharged where the only docu...
Decree on the validation of the measure alternative to detention (Article 6(2)(b) and (d), and Article 6-quater of Legislative Decree 142/2015; Article 14(1-bis) of Legislative Decree 286/1998) · R.G. 33590/2026
The request for validation of the measure alternative to detention initiates civil proceedings governed by the rules on the burden of proof: it is for the Administration to prov...
Order (appeal against the decree validating detention) — with the follow-up ruling of the Justice of the Peace of Trieste · n. 24430/2026 — R.G. 15618/2026
Even under the post-Pact rules, an applicant whose application has been rejected or declared inadmissible in the cases referred to in Article 32(4) of Legislative Decree 25/2008...
Order (appeal against a decree validating detention) · n. 24431/2026 — R.G. 16548/2026
A person who has expressed the wish to apply for protection before an authority responsible for receiving it is an applicant for international protection, and jurisdiction to va...
Interim decree (Article 35-bis of Legislative Decree 25/2008) · N.R.G. 17179-1/2026
The reference in Article 79 of Regulation (EU) 2024/1348 to applications "lodged" from 12 June 2026 must be interpreted in conformity with the general definition of application ...
Interim decree (Article 35-ter(4), first sentence, of Legislative Decree 25/2008) — with the decree of the Justice of the Peace of Trieste issued in the same case · R.G. 4385/2026 (e G.d.P. Trieste, R.G. 1738/2026)
The ministerial decree identifying the border and transit zones pursuant to the new Article 28-bis of Legislative Decree 25/2008 has not yet been adopted: in the absence of that...
Decree on the validation of the detention of the applicant (Article 6(2), points (c) and (d), of Legislative Decree 142/2015) · R.G. 33106/2026
Article 6(5) of Legislative Decree 142/2015 provides that the presence of the detainee at the validation hearing is necessary, including remotely by audiovisual link, without ex...
Decree on validation of the alternative measure to detention (Article 6(3) and Article 6-quater of Legislative Decree 142/2015; Article 14(1-bis) of Legislative Decree 286/1998) · R.G. 33108/2026
The alternative measure to the detention of the asylum seeker provided for by Article 6-quater of Legislative Decree 142/2015 presupposes that the conditions for detention under...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 14577/2026
The enforceability of the refusal adopted in the accelerated procedure is suspended: it appears necessary to examine further the applicant's possible membership of a category of...
Interim decree (Article 35-bis(4), first sentence, of Legislative Decree 25/2008) · R.G. 3940/2026
For the purposes of the transitional rules of Article 17(4) of Decree-Law 100/2026, the term “presentation” must be interpreted in conformity with the European concept of “lodgi...
Interim decree (Article 35-ter of Legislative Decree 25/2008) · N. 1137/2026 R.G.
In proceedings under Article 35-ter of Legislative Decree 25/2008 as amended by Decree-Law 100/2026, the Tribunal authorises the applicant to remain on the national territory: t...
Interim decree and final order (complaint under Article 5-quinquies of Legislative Decree 142/2015) · R.G. 8694/2026
The Tribunal first suspends inaudita altera parte, and then definitively revokes, the Prefect's decision authorising an applicant in the accelerated border procedure to reside e...
Interim decree and final order (complaint under Article 5-quinquies of Legislative Decree 142/2015) · R.G. 8695/2026
Articles 5-ter, 5-quater and 5-quinquies of Legislative Decree 142/2015 regulate neither the concrete content of the authorisation to reside in a specific place nor the manner o...
Interim decrees (Article 35-ter of Legislative Decree 25/2008) · R.G. 9739, 9760 e 9759/2026 + un quarto decreto del 29.07.2026
The Eurostat recognition rate of 20% or lower (Article 42(1), point (j), of Regulation (EU) 2024/1348) has merely indicative value and does not allow automatic application of th...
Order (complaint under Article 5-quinquies of Legislative Decree 142/2015) · N.R.G. 10979/2026
Ruling on the merits of the complaint against the Prefect's decision authorising residence in a specific place, the Tribunal holds that the «authorisation» under Article 5-ter o...
Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 2614/2026
The Commissione territoriale cannot apply the rules of the Pact and of Decree-Law 100/2026 to a person who expressed the wish to apply for protection before 12 June 2026: accord...
Interim decree (Article 68(4) of Regulation (EU) 2024/1348) — subsequent application declared inadmissible · N.R.G. 11342-1/2026
Under Regulation (EU) 2024/1348 the applicant has the right to be informed, at the latest when the application is registered, of the possibility of consulting a «person» in char...
Interim decree (Article 35-ter of Legislative Decree 25/2008) — subsequent application declared inadmissible · N.R.G. 11250-1/2026
A subsequent application cannot be declared inadmissible without the personal interview on admissibility: Article 55(4) of Regulation (EU) 2024/1348 allows the interview to be d...
Decree (application under Article 700 of the Code of Civil Procedure and complaint under Article 5-quinquies of Legislative Decree 142/2015) · N.R.G. 10979/2026
Ruling inaudita altera parte on the application under Article 700 of the Code of Civil Procedure lodged together with the complaint against the Prefect's decision authorising re...
Decree on the validation of the detention of the applicant (Article 6(2), points (b), (c) and (d), of Legislative Decree 142/2015) · R.G. 28137/2026
The validation of the detention of an applicant under Article 6(2) of Legislative Decree 142/2015 verifies whether the grounds exist in the specific terms indicated by the Quest...
Decree (validation of a measure alternative to detention, Article 14(1-bis) of Legislative Decree 286/1998, concerning an applicant in the border procedure) · N. 14217/2026 r.g.a.c.
Where the application is examined under the border procedure pursuant to Article 43 of Regulation (EU) 2024/1348, Article 5-ter(2) of Legislative Decree 142/2015 (introduced by ...
Decree (validation of the detention of an applicant, Article 6(2) of Legislative Decree 142/2015) · N.R.G. 9726/2026
After Decree-Law 100/2026, validation of the detention of an applicant for international protection lies with the specialised section of the tribunal in whose district the centr...
Interim decree (Article 35-bis(4-bis) of Legislative Decree 25/2008) — appeal against the Tribunal decree · R.G. 544/2026 — cronol. 156/2026
Reversing the Tribunal's refusal, the Court of Appeal grants the request for suspensive effect under Article 35-bis(4-bis) of Legislative Decree 25/2008, suspending the enforcea...