Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 14155-1/2026
Wording of the operative part: «dichiara che la tempestiva proposizione del ricorso determina la sospensione automatica dell'efficacia esecutiva del provvedimento impugnato»
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
On the current state of data collection, the Eurostat data do not allow the condition for accelerated examination under Article 42(1), point (j), of Regulation (EU) 2024/1348 to be applied: the first-instance decisions on which the rate is calculated are a small sample, chronologically heterogeneous compared with the pending applications; they do not describe the content of the applications granted and therefore do not make it possible to identify the categories of persons for whom the 20% threshold is not representative; the Italian figure on final decisions covers little more than half of the Tribunals' decisions and does not take account of withdrawals in favour of complementary protection. A determination based solely on the statistical figure, without giving reasons on the change in the country's situation and on the applicant's belonging to a category, does not validly establish the accelerated procedure: the appeal automatically suspends the decision.
The Tribunale di Bologna (judge Dr. Luca Minniti) finds that the conditions for accelerated examination are not met and declares that the appeal of a Tunisian national automatically suspends the rejection for manifest unfoundedness. The application, formalised in Ferrara, had been decided the day after the interview.
The decree takes up the reasoning of the Florentine decrees of 12 October 2026 (including Trib. Firenze 13520/2026): Article 42(1), point (j), of Regulation (EU) 2024/1348 has a “purely procedural” function and does not introduce a presumption that the country is safe. The presidential determination, by contrast, is based on the rate below 20% “without the Eurostat data even being mentioned, annexed or described”, and reproduces the text of the provision truncated precisely at the part containing the two exceptions.
The new point is the direct examination of the database, consulted by the judge on 20 October 2026. On the administrative side, the Italian rate rests on 104,560 first-instance decisions for 2025, as against 346,010 applications pending at the end of June 2026: a small sample relating to applications lodged in very different periods. The figure moreover does not describe the content of the applications granted, so that it does not allow verification of whether the applicant belongs to a category for which the threshold is not meaningful. On the judicial side, Eurostat records 16,335 decisions for Italy as against the 30,967 shown by the Ministry of Justice, and does not distinguish withdrawals of the application for international protection in favour of complementary protection.
It follows that, “on the current state of data collection by Eurostat”, the condition in point (j) cannot be applied, because the data do not allow the two checks that the provision requires: the significant change in the country's situation and belonging to a category of persons.
Compared with the decisions already published, the decree shifts the criticism from the automatic use that the Commissione makes of the statistical figure to the reliability of the figure itself. On the first aspect it is read alongside Trib. Bologna 15588/2026 and Trib. Firenze 13481/2026, where the lapse of the condition depended on the publication of new data.
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