Complementary Protection and the Governance of Migration Flows: Effective Integration as an Individual Criterion for Lawful Stay within the “Integrazione o ReImmigrazione” Paradigm

Complementary Protection and the Governance of Migration Flows: Effective Integration as an Individual Criterion for Lawful Stay within the “Integrazione o ReImmigrazione” Paradigm A Comment on the Judgment of the Tribunal of Venice, Specialised... More

Complementary Protection and the Governance of Migration Flows: Effective Integration as an Individual Criterion for Lawful Stay within the “Integrazione o ReImmigrazione” Paradigm A Comment on the Judgment of the Tribunal of Venice, Specialised Immigration Section, 31 July 2026, Case No. 23163/2024 Fabio Loscerbo Abstract The judgment delivered by the Tribunal of Venice on 31 July 2026 provides an important opportunity to examine complementary protection not only as an instrument safeguarding the fundamental rights of foreign nationals, but also as a component of a rational system for governing migration and lawful residence. The Tribunal recognised the applicant’s right to obtain an Italian residence permit for special protection after finding that he had achieved a genuine degree of occupational, economic, residential and social integration. The decision was based on Article 19(1.1) of Legislative Decree No. 286/1998 in the version applicable ratione temporis, following the refo Less