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Security, cassation with joined parts: "Can not be applied retroactively"



on Security Decree, demanded by the former interior minister Matteo Salvini (Decree No. 113 of 4 October 2018) and entered into force on 5 October 2018 with the introduction of stricter rules on immigration and urban security, cannot be applied in a way retroactively. This was decided by United Citizens' Sections Supreme Court, in contrasting orientations between the same heroes. The reason for the clarification judgment – requested by the supreme judges themselves – was Ministry of Interior appeal against three cases of residence permit for humanitarian reasons.

The ruling affirms the possibility of all those seeking protection before October 5, 2018 to be able to note the recognized old humanitarian protection (and thus the permit under the name of "special cases"): the provision states, "does not apply to applications for recognition of a residence permit for proposed humanitarian reasons before its entry into force (5 October 2018) of the new law ”.


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