Interim decree (Article 35-bis(4-bis) of Legislative Decree 25/2008) · R.G. 17949/2026
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
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 EU — authorisation to remain must be granted, pursuant to Article 68 of Regulation (EU) 2024/1348 and Article 35-bis(4-bis) of Legislative Decree 25/2008, where the pleadings and the defence documents disclose serious and specific grounds, with particular regard to the events reported to the Commission and the applicant's possible belonging to the category of persons “whose protection needs make a recognition rate of 20 % or lower unrepresentative”: since point (j) itself requires this to be ruled out, taking into account the differences between first-instance and final decisions, it is for the court on the merits to examine the matter in depth.
The Tribunale di Torino (judge Dr. Monica Mastrandrea) authorises the appellant to remain in the territory of the State pending the determination of the proceedings on the merits and orders the Questura to issue the receipt or a provisional residence permit. The Commissione territoriale had followed the accelerated examination procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348, within the time limits; the application had been lodged after 12 June 2026.
The decree does not enter into the comparison between the former and the new rules — the time limits are found to have been complied with — and concentrates on the content of the individual assessment that point (j) requires. From the “pleadings and defence documents, with particular regard to what was reported to the Commission about the events that allegedly led the applicant to leave the country”, “serious and specific grounds” emerge which justify granting the request. The Tribunal considers it “necessary to examine in depth” the applicant's possible belonging to a “category of persons whose protection needs make a recognition rate of 20 % or lower unrepresentative, taking into account, inter alia, significant differences between first-instance and final decisions” (Article 42(1), point (j), of Regulation (EU) 2024/1348). This is the safeguard clause internal to the provision, which requires the determining authority and, on review, the court to move beyond the automatic application of the Eurostat figure.
In application of Article 68 of Regulation (EU) 2024/1348 and of the new paragraph 4-bis of Article 35-bis of Legislative Decree 25/2008 — introduced by Decree-Law 100/2026 — the Tribunal authorises the applicant to remain. The case is assigned to a single judge under Article 17(4) of Decree-Law 100/2026.
The decree belongs to the line of case law that rejects the automatic application of Article 42(1), point (j), and shifts the examination to the merits of the interim relief — in the same sense, a few days earlier, the same Tribunale di Torino in the Khyber Pakhtunkhwa line of cases (Trib. Torino 18229/2026) — and is to be read alongside Trib. Palermo 9739/2026 and Trib. Roma 39909/2026.
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