Expulsion and Cohabitation: Analysis of Ordinance No. 17551 of 2024

The recent Ordinance No. 17551 of June 26, 2024, issued by the Court of Cassation, offers important clarifications regarding the interpretation of Article 19, paragraph 2, letter c) of Legislative Decree No. 286 of 1998, known as the Consolidated Law on Immigration. This ruling focuses on the protection of foreign citizens cohabiting with an Italian citizen family member, highlighting the requirements for such protection to be applicable.

Regulatory Context

According to current legislation, the expulsion of a foreign citizen cohabiting with an Italian citizen family member is not permitted. However, the ruling clarifies that cohabitation cannot be understood in a generic sense. In fact, the actual and ordinary sharing of daily life in the same residence is fundamental to benefit from such protection. This aspect is crucial, as it is not enough for a minor to be entrusted to both parents; real and continuous cohabitation is necessary.

Cohabitation - Necessity. The provision of Article 19, paragraph 2, letter c) of Legislative Decree No. 286 of 1998, according to which the expulsion of a foreign citizen cohabiting with an Italian citizen family member is not permitted, must be interpreted to mean that cohabitation must consist of the actual and ordinary sharing of daily life in the same residence, it being insufficient, in the case of a minor, that the latter has been entrusted, in the context of personal separation of spouses, on a shared basis to both parents and not placed with the foreign parent.

Implications of the Ruling

The decision of the Court of Cassation has several practical implications:

• It reinforces the need for tangible proof of cohabitation, such as joint rental agreements or documentation attesting to cohabitation.
• It introduces a stricter evaluation criterion compared to previous interpretations, potentially limiting the rights of some foreign citizens.
• It highlights the importance of family stability and the protection of minors, emphasizing the role of cohabitation in safeguarding human rights.

Conclusions

Ultimately, Ordinance No. 17551 of 2024 represents a significant step in Italian jurisprudence on immigration and family rights. It clearly establishes that mere affiliation or shared custody is not sufficient to guarantee protection from the risk of expulsion. It is therefore essential that foreign citizens affected by similar situations understand the importance of documenting and demonstrating their actual cohabitation with Italian citizen family members.