Order No. 9597 of 2024: International Protection and Rights of Non-EU Citizens

The recent intervention by the Court of Cassation, with order no. 9597 of April 10, 2024, has provided important clarifications regarding the rights of non-EU citizens, particularly concerning the possibility of applying for international protection even in situations of irregular entry. The ruling is part of a complex legal context, where the protection of fundamental rights is tested by restrictive regulations and sometimes rigid administrative interpretations.

The Right to Request International Protection

The Court has established that a non-EU citizen, who has entered Italy in irregular conditions, still has the right to submit an application for international protection. This right is enshrined in art. 13, paragraph 2, letter a), of Legislative Decree no. 286 of 1998, which governs immigration in Italy. The ruling clarifies that the application can also be submitted electronically, i.e., via certified email (PEC), and that the Administration has the obligation to receive it, forwarding it to the Questore (Police Commissioner).

EXERCISES, HOTELS, AND INNS Non-EU citizen arriving in irregular conditions in national territory - Application for international protection – Submission via PEC - Admissibility - Prohibition of pushback - Basis - Factual situation. In matters of international protection, a non-EU citizen, who has arrived in irregular conditions on national territory and is as such liable for expulsion, pursuant to art. 13, paragraph 2, letter a), of Legislative Decree no. 286 of 1998, has the right to submit an application for international protection and to remain in the State until the conclusion of the relevant procedure; indeed, even if the application is submitted via PEC, and is not followed by the submission of a formal application, the Administration has the duty to receive it (forwarding it to the Questore for the necessary determinations within his competence), refraining from any form of pushback and any expulsion measure that would impede the course and conclusion of the interested party's request before the designated Commissions. (In this case, the Supreme Court quashed with referral the contested decision which had held, despite the submission of the international protection application via PEC, that it necessarily had to be formalized by signing the relevant forms before the competent Police authorities).

Implications of the Ruling

This decision represents a significant step towards protecting the rights of immigrants in Italy. The key points to consider include:

• The recognition of the right to submit an application for international protection even in situations of irregular entry.
• The prohibition for the Administration to proceed with pushback until the conclusion of the protection procedure.
• The possibility of using PEC as a valid tool for submitting applications.

This ruling is part of a broader European legal framework, where the protection of human rights and international protection are core principles. Despite the difficulties and restrictions that many immigrants face, Italian jurisprudence continues to evolve to ensure that fundamental rights are respected.

Conclusions

In conclusion, order no. 9597 of 2024 represents an important affirmation of the right to international protection for non-EU citizens in Italy. It emphasizes how, even in situations of vulnerability, the legal system must guarantee rights and opportunities for protection. It is crucial that the competent authorities respect these directives to ensure a fair and just management of international protection applications, thereby contributing to the construction of a more inclusive and human rights-respecting system.