Residence permit withheld for months: the Court of Venice orders the Police Headquarters to pay 50 euros for each day of delay
June 25, 2026 | Studio Legale Oltre
The Court of Venice, Specialised Section for immigration, international protection and free movement, with collegiate order of 25 June 2026 (R.G. 5647/2026, Pres. Aceto, Rep. Del Vesco), has upheld the interim appeal represented by lawyer Elena Garelli of Studio Legale Oltre. In September 2025 the same Court, seised of the challenge under Article 35-bis of Legislative Decree 25/2008 against the denial of special protection, had suspended the effects of the denial as an interim measure, recognising the applicant’s right to remain in Italy and to obtain a temporary residence permit. Despite repeated requests — certified emails from the lawyer and personal visits to the counters — Turin Police Headquarters refused for months to issue the provisional permit, and a first application for enforcement under Article 669-bis of the Code of Civil Procedure had been rejected for lack of jurisdiction.
Upholding the appeal, the panel affirmed the jurisdiction of the ordinary courts: the enforcement of interim measures issued by the ordinary courts belongs to the same court that granted them under Article 669-duodecies of the Code of Civil Procedure, while compliance proceedings before the administrative courts (Article 112(2)(c) of the Code of Administrative Procedure) are reserved for final judgments and measures equivalent to them, categories to which interim measures — provisional and incapable of becoming final — do not belong (in line with Council of State no. 1463/2021; Court of Cassation, Joined Divisions, no. 6039/2019).
On the merits, the Court ordered Turin Police Headquarters to issue the temporary residence permit “for special protection application” within 30 days and, applying Article 614-bis of the Code of Civil Procedure, set at 50 euros per day the sum due to the applicant for each day of delay beyond the deadline, with the Ministry of the Interior ordered to pay the costs of the proceedings. This is a particularly significant application of the astreinte against the inaction of the Police Headquarters in issuing the provisional permit: the administration’s delay now has a quantified economic cost for each day.
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