Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · N.R.G. 13498-1/2026
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
Failure to tick the box confirming the information on the rights under Articles 15 et seq. of the Procedures Regulation — in the present case, the box on the lodging record is unticked — points to a serious procedural defect that affects not only the final decision but the very choice of procedure, bearing on the full awareness of the statements to which the applicant must relate. The accelerated procedure under Article 42(1), point (j), of Regulation (EU) 2024/1348 is not automatically applicable to the Egyptian national who bases his application on conscientious objection to military service: the statistical parameter of the 20% recognition rate cannot be transposed to the specific claim without the necessary comparison, at every stage of the procedure, with the personal history and the qualified sources (IRB, OFPRA) documenting the risk of torture and the death penalty for the Egyptian objector, and the loss of consistency of the statistical parameter entails reversion to the ordinary procedure, with automatic suspension of the contested measure and issue of the document under Article 4(4) of Legislative Decree 142/2015.
The Tribunal of Venice (judge Alessia Capriuoli) finds that the Egyptian national appellant has the right to remain in the national territory for the duration of the proceedings, as a consequence of the automatic suspensive effect of the appeal arising from the unlawfulness of the special procedure followed, and orders the issue of the document under Article 4(4) of Legislative Decree 142/2015. The Commissione territoriale of Verona had rejected the application as manifestly unfounded, at the session of 7 August 2026, within an accelerated procedure activated under Article 42(1), point (j), of Regulation (EU) 2024/1348.
The document produced in the proceedings shows that “no information specifically concerning the rights under Articles 15 et seq. of the Procedures Regulation” was provided, “the relevant box not being ticked”. The omission “points to a serious procedural defect that bears on the full awareness of the statements to which not only the final decision, but the very choice of procedure, must constantly relate”: scrutiny of the information leaves the realm of the remedies additional to the decision on the merits and is situated “upstream”, at the level of the very classification of the procedure.
The Commission says nothing about the actual representativeness of the 20% recognition-rate parameter “in relation to the specific claim put forward by the appellant, which concerns conscientious objection exercised in relation to military service”. The necessary comparison with the specific claim — which “must take place at every stage of the procedure” — means that the statistical parameter cannot automatically be transposed: in the light of the qualified sources (IRB — Immigration and Refugee Board of Canada; OFPRA, Égypte: Le service militaire obligatoire, January 2025), “the risk of torture and the death penalty” is envisaged for the Egyptian conscientious objector. The loss of consistency of the parameter of Article 42(1), point (j) renders the accelerated procedure “without anchor” and requires reversion to the ordinary procedure.
The Tribunal finds the right to remain “as a consequence of the automatic suspensive effect of the appeal arising from the unlawfulness of the special procedure followed, the case falling within the scope of the ordinary procedure” and orders the immediate issue of the document under Article 4(4) of Legislative Decree 142/2015. Costs are offset on account of the novelty of the questions and, in particular, of the application of very recently introduced European legislation.
The decree builds on the line of authority already opened by Trib. Roma 39909 and Trib. Palermo 9739 in refusing the automatism of the statistical parameter, adding the element of the unticked box as a significant symptom of the information defect and an analytical development on the sources on Egyptian conscientious objection.
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