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Special Protection and Conversion After the Cutro Decree_ TAR Tuscany Reopens the Path
Special Protection and Conversion After the Cutro Decree: TAR Tuscany Reopens the Path Welcome to a new episode of the podcast Immigration Law.
I am attorney Fabio Loscerbo. Today we examine a very significant decision issued by the Regional Administrative Tribunal for Tuscany, judgment number 702 of 2026, relating to case number ruolo generale 556 of 2026. The ruling addresses one of the most debated issues following the so-called Cutro Decree: the possibility to convert a residence permit for special protection into a work permit. The facts are straightforward.
A foreign national applied for international protection in July 2021 and was granted special protection in 2024. In September 2024, he submitted an application to convert that permit into a residence permit for work purposes. The Police Headquarters declared the application inadmissible, arguing that the new legal framework introduced by Decree Law number 20 of 2023 had eliminated the possibility of conversion. However, the Tribunal reached the opposite conclusion. The core of the decision lies in the interpretation of the transitional provisions set out in Article 7 of the Cutro Decree. The Tribunal relies on a previous judgment of the Council of State, clarifying that what matters is not the date of the conversion request, but the date of the original application for protection. And this is the decisive point:
since the application for protection was submitted in 2021, before the entry into force of the Cutro Decree, the previous legal regime still applies, including the possibility of conversion. In other words, the new law cannot retroactively affect legal situations that had already been initiated. For this reason, the Tribunal held that the Administration should have allowed the conversion and therefore annulled the decision of the Police Headquarters. This ruling has important practical implications.
It confirms that the possibility to convert special protection permits has not completely disappeared, but still survives in cases where the original procedure started before the Cutro Decree. It is an interpretation that strengthens the principle of legitimate expectation and limits the retroactive effects of legislative reforms. And most importantly, it opens a concrete legal pathway for the protection of migrants’ rights. Thank you for listening.
See you in the next episode.
Questo episodio include contenuti generati dall’IA.
I am attorney Fabio Loscerbo. Today we examine a very significant decision issued by the Regional Administrative Tribunal for Tuscany, judgment number 702 of 2026, relating to case number ruolo generale 556 of 2026. The ruling addresses one of the most debated issues following the so-called Cutro Decree: the possibility to convert a residence permit for special protection into a work permit. The facts are straightforward.
A foreign national applied for international protection in July 2021 and was granted special protection in 2024. In September 2024, he submitted an application to convert that permit into a residence permit for work purposes. The Police Headquarters declared the application inadmissible, arguing that the new legal framework introduced by Decree Law number 20 of 2023 had eliminated the possibility of conversion. However, the Tribunal reached the opposite conclusion. The core of the decision lies in the interpretation of the transitional provisions set out in Article 7 of the Cutro Decree. The Tribunal relies on a previous judgment of the Council of State, clarifying that what matters is not the date of the conversion request, but the date of the original application for protection. And this is the decisive point:
since the application for protection was submitted in 2021, before the entry into force of the Cutro Decree, the previous legal regime still applies, including the possibility of conversion. In other words, the new law cannot retroactively affect legal situations that had already been initiated. For this reason, the Tribunal held that the Administration should have allowed the conversion and therefore annulled the decision of the Police Headquarters. This ruling has important practical implications.
It confirms that the possibility to convert special protection permits has not completely disappeared, but still survives in cases where the original procedure started before the Cutro Decree. It is an interpretation that strengthens the principle of legitimate expectation and limits the retroactive effects of legislative reforms. And most importantly, it opens a concrete legal pathway for the protection of migrants’ rights. Thank you for listening.
See you in the next episode.
Questo episodio include contenuti generati dall’IA.
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By Avv. Fabio LoscerboSpecial Protection and Conversion After the Cutro Decree: TAR Tuscany Reopens the Path Welcome to a new episode of the podcast Immigration Law.
I am attorney Fabio Loscerbo. Today we examine a very significant decision issued by the Regional Administrative Tribunal for Tuscany, judgment number 702 of 2026, relating to case number ruolo generale 556 of 2026. The ruling addresses one of the most debated issues following the so-called Cutro Decree: the possibility to convert a residence permit for special protection into a work permit. The facts are straightforward.
A foreign national applied for international protection in July 2021 and was granted special protection in 2024. In September 2024, he submitted an application to convert that permit into a residence permit for work purposes. The Police Headquarters declared the application inadmissible, arguing that the new legal framework introduced by Decree Law number 20 of 2023 had eliminated the possibility of conversion. However, the Tribunal reached the opposite conclusion. The core of the decision lies in the interpretation of the transitional provisions set out in Article 7 of the Cutro Decree. The Tribunal relies on a previous judgment of the Council of State, clarifying that what matters is not the date of the conversion request, but the date of the original application for protection. And this is the decisive point:
since the application for protection was submitted in 2021, before the entry into force of the Cutro Decree, the previous legal regime still applies, including the possibility of conversion. In other words, the new law cannot retroactively affect legal situations that had already been initiated. For this reason, the Tribunal held that the Administration should have allowed the conversion and therefore annulled the decision of the Police Headquarters. This ruling has important practical implications.
It confirms that the possibility to convert special protection permits has not completely disappeared, but still survives in cases where the original procedure started before the Cutro Decree. It is an interpretation that strengthens the principle of legitimate expectation and limits the retroactive effects of legislative reforms. And most importantly, it opens a concrete legal pathway for the protection of migrants’ rights. Thank you for listening.
See you in the next episode.
Questo episodio include contenuti generati dall’IA.
I am attorney Fabio Loscerbo. Today we examine a very significant decision issued by the Regional Administrative Tribunal for Tuscany, judgment number 702 of 2026, relating to case number ruolo generale 556 of 2026. The ruling addresses one of the most debated issues following the so-called Cutro Decree: the possibility to convert a residence permit for special protection into a work permit. The facts are straightforward.
A foreign national applied for international protection in July 2021 and was granted special protection in 2024. In September 2024, he submitted an application to convert that permit into a residence permit for work purposes. The Police Headquarters declared the application inadmissible, arguing that the new legal framework introduced by Decree Law number 20 of 2023 had eliminated the possibility of conversion. However, the Tribunal reached the opposite conclusion. The core of the decision lies in the interpretation of the transitional provisions set out in Article 7 of the Cutro Decree. The Tribunal relies on a previous judgment of the Council of State, clarifying that what matters is not the date of the conversion request, but the date of the original application for protection. And this is the decisive point:
since the application for protection was submitted in 2021, before the entry into force of the Cutro Decree, the previous legal regime still applies, including the possibility of conversion. In other words, the new law cannot retroactively affect legal situations that had already been initiated. For this reason, the Tribunal held that the Administration should have allowed the conversion and therefore annulled the decision of the Police Headquarters. This ruling has important practical implications.
It confirms that the possibility to convert special protection permits has not completely disappeared, but still survives in cases where the original procedure started before the Cutro Decree. It is an interpretation that strengthens the principle of legitimate expectation and limits the retroactive effects of legislative reforms. And most importantly, it opens a concrete legal pathway for the protection of migrants’ rights. Thank you for listening.
See you in the next episode.
Questo episodio include contenuti generati dall’IA.