Decision of the Council of State, III Section, No. 3188 of 13 March 2014

With decision No. 3188/2014, the Council of State decided on the case concerning an application of regularization which had been introduced to the benefit of an irregular migrant by his employer under so called “emerging of undeclared employment” procedure, provided by legislative decree No. 109/2012. The application had been rejected by the Center for Immigration of the Prefecture of Novara because the applicant had been sentenced, in the past, for the offenses of smuggling of migrants and other violations to migration law. According to the Council of State, a review of the case had become necessary due to the legislative changes that have occurred in the related procedure. the Council ruled, most precisely, that in case that some of the new provisions are more favorable to the migrant worker, and if the other legal conditions are met, these norms apply also in still pending cases, or in those cases that may be reopened through renewing the application; and this because the rationale for the introduced modifications is to overcome some difficulties or incoherence in the already existing procedure.

  • Original language: Italiano