Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 18357/2026
Wording of the operative part: «dichiara che il ricorso produce effetto sospensivo automatico ai sensi dell'art. 68, par. 1, del Regolamento (UE) 2024/1348 e, per l'effetto, sospende l'efficacia esecutiva del provvedimento impugnato»
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
Where the screening form, referred to in the Presidential determination itself, shows that the applicant has been subjected to serious forms of physical and psychological violence, the condition of vulnerability not having been correctly assessed results, under Article 21(2) of Regulation (EU) 2024/1348, in the cessation of the accelerated and border procedure. The border procedure also presupposes compliance with the guarantees of Chapter II, including the information obligations of Article 8: the information leaflet provided for in paragraph 7 must be handed over, and information given orally supplements it but does not replace it; compliance with this guarantee is particularly important given the brevity of the border procedure. Once the conditions are excluded, the application follows the ordinary procedure and the appeal has automatic suspensive effect.
The Tribunale di Torino (judge Dr. Maria Luciana Cristina Dughetti) finds that the conditions for the accelerated border procedure are not met, orders that the proceedings continue under the procedure of Article 35-bis of Legislative Decree 25/2008, declares the automatic suspensive effect of the appeal and orders the issue of the document provided for by Article 4(4) of Legislative Decree 142/2015.
The Commissione had applied the border procedure, holding that Article 43(1), point (c), and Article 42(1), point (j), of Regulation (EU) 2024/1348 were met. The defence had pleaded the nullity of the Presidential determination, breach of the information obligations of Article 8(2), and the continuation of the procedure despite the applicant's vulnerability. The Tribunal considers that, for the accelerated procedure to be correctly applied, compliance with the formal and substantive requirements referred to in Article 43(1) must be established.
The file, including the Presidential determination itself, discloses a condition of vulnerability apparent from the screening form: the applicant had been subjected to serious forms of physical and psychological violence, recounted as suffered in Libya. This circumstance “does not appear to have been correctly assessed” and, under Article 21(2) of Regulation (EU) 2024/1348, results in the cessation of the procedure.
The second aspect is Article 8 of Regulation (EU) 2024/1348: the screening form does not show that the information leaflet provided for by the Regulation was handed over, “a document which is not equivalent to information given ‘orally’”, which is “a method that supplements the handing over of the document, but does not replace it”. Compliance with the guarantee of Chapter II is of “particular importance by reason of the duration of the border procedure and the risk of the rights of the defence being curtailed”.
The decree comes from the same judge who, in the same days, in other appeals concerning accelerated procedures, authorised applicants to remain on the basis of serious and specific grounds, without ruling on the regularity of the procedure (see Trib. Torino 18289/2026). It should be read with Trib. Torino 18361/2026, on the same point of information reduced to the screening form.
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