Interim decree (Article 35-ter(2) of Legislative Decree 25/2008) · R.G. 15058-1/2026
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
Articles 21(2) and 53(2) of Regulation (EU) 2024/1348, by also providing for the termination at any stage of an accelerated or border procedure already under way, require constant monitoring of vulnerability and of the need for special procedural guarantees, which the Commissione territoriale must account for even when it confirms that none exists. The exclusion of special procedural needs at screening does not presume their absence for the whole procedure. Where screening classifies the applicant as a person subjected to serious forms of psychological, physical or sexual violence and the interview does not explore the vulnerability, the border procedure has not been correctly applied: the ordinary procedure is restored, with automatic suspension and the right to remain, and the document under Article 4 of Legislative Decree 142/2015 must be issued, which allows work after ninety days from lodging.
The Tribunale di Bologna (judge Dr. Silvia Rossi) declares automatically suspended the rejection as manifestly unfounded decided by the Commissione territoriale di Bologna under the mandatory accelerated border procedure (Articles 43 and 45 of Regulation (EU) 2024/1348), applied by a determination of 28 July 2026 on the basis of Article 42(1), point (j). The issue was raised of the court's own motion: by a decree of 22 September 2026 the judge had invited the parties to comment on the correctness of the procedure, and neither raised anything.
The screening form completed at the Questura di Agrigento indicated that the applicant belonged to vulnerable groups as a “person subjected to other serious forms of psychological, physical or sexual violence”, and the need for psychological support and a trained interpreter. The determination, by contrast, excluded the conditions of Articles 21(2) and 53 of Regulation (EU) 2024/1348 on the basis of the registration information alone.
The decree acknowledges that there is no automatic link between vulnerability and special procedural guarantees, nor between vulnerability and a bar on accelerated or border procedures. But the provisions that provide for termination of the procedure “at any stage” presuppose “constant monitoring” of vulnerability, which the Commissione must account for even when it confirms its irrelevance. The interview — with a long generic preamble — had put no question about the violence suffered, nor did the decision mention it: matters that are also relevant to the merits (Cass. 1441/2026 and 3042/2026). To continue the border procedure without reassessing vulnerability is not to have “correctly applied” it and, according to Cass. SS.UU. 11399/2024, the derogation from automatic suspension operates only for a special procedure that is correct in all its parts.
The application of the border procedure before the Ministerial Decree of 21 July 2026 on border zones and the information on legal counselling are left absorbed.
Besides declaring the right to remain and the cessation of the effects of the procedure on personal liberty and freedom of movement, the decree orders the issue of the document under Article 4 of Legislative Decree 142/2015, which under Article 22 of Legislative Decree 142/2015 allows work after ninety days from lodging (the operative part writes “142/2025”).
It follows, in the same section, Trib. Bologna 15068/2026 and converges with Trib. Reggio Calabria 2287/2026 on constant monitoring and with Trib. Firenze 13866/2026. On the applicant's document in the transitional regime see Trib. Palermo 9731-1/2026.
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