The request for renewal of the residence permit for work reasons cannot be automatically rejected in the event of conviction of the foreigner for certain minor matters. The decision on renewal is up to the Quaestor, who will have to assess the social dangerousness of the applicant before refusing permission. This was established by the Constitutional Court with a sentence (rapporteur Maria Rosaria San Giorgio), filed today, which declared the constitutional illegitimacy of some articles of Legislative Decree 286 of 1998 (Consolidated Law on Foreigners) in the part in which they include, among the hypotheses of conviction that automatically prevent the renewal of the residence permit for work, also those for the crime of small dealing and sale of counterfeit goods, without providing for the competent authority to verify in practice the social danger of the applicant.
No stop to the renewal of the residence permit if the offense is minor
5/8/2023, 2:24:54 PM
Highlights: The decision on renewal is up to the Quaestor, who will have to assess the social dangerousness of the applicant before refusing permission. This was established by the Constitutional Court with a sentence (rapporteur Maria Rosaria San Giorgio), filed today. The sentence declared the constitutional illegitimacy of some articles of Legislative Decree 286 of 1998 (Consolidated Law on Foreigners) in the part in which they include the hypotheses of conviction that automatically prevent the renewal of the residence permit.
The request for renewal of the residence permit for work reasons cannot be automatically rejected in the event of conviction of the foreigner for certain minor matters. (ANSA)