Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 19020/2026
Wording of the operative part: «dà atto della sospensione ex lege dell'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 drawn up by the Questura records specific conditions of vulnerability (psychological support, a person subjected to torture or other serious forms of violence, need for mental health care) but the determination of the President of the Commissione territoriale ordering the accelerated procedure does not show a targeted assessment of the screening findings and of whether the special procedure can provide the support required by Article 21(2) of Regulation (EU) 2024/1348, the contested decision cannot benefit from the derogatory procedural regime of the accelerated procedure, and the appeal has automatic suspensive effect under Article 68(1) of Regulation (EU) 2024/1348 and Article 35-bis(3) of Legislative Decree 25/2008.
The Tribunal of Turin (judge Fabrizio Alessandria) finds that the conditions for applying the accelerated procedure were not met, acknowledges the suspension by operation of law of the enforceability of the contested refusal, and orders the immediate issue of the international protection applicant's document under Article 4(4) of Legislative Decree 142/2015. The Commissione territoriale had applied the accelerated procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348 to a national of Bangladesh, by a determination of 3 August 2026.
The screening form drawn up by the Questura of Savona on 6 July 2026 was unambiguous:
Article 21(2) of Regulation (EU) 2024/1348 requires the determining authority not to apply, or to cease to apply, accelerated or border procedures “where […] it considers that the necessary support cannot be provided” in light of the vulnerabilities, “paying particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual or gender-based violence”. The determination of 3 August 2026 — although issued in the documentary context described above — “does not show a specific assessment of the screening findings, nor of whether the required support can be provided within the accelerated procedure”: it is therefore not shown that such support was provided within the special procedure.
The contested decision cannot benefit from the derogatory procedural regime: the ordinary regime applies, with automatic suspension of enforceability by virtue of the filing of the appeal (Article 68(1) of Regulation (EU) 2024/1348; Article 35-bis(3) of Legislative Decree 25/2008). The Tribunal orders the issue of the document under Article 4(4) of Legislative Decree 142/2015.
The decree belongs to the line of cases on vulnerability flagged by the screening but not assessed by the Commissione — alongside Trib. Bologna 15068/2026 and Trib. Bologna 15142/2026 — and is to be read with Trib. Catania 11066/2026 on the re-expansion of the right to remain for want of procedural guarantees.
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