Decision of the Regional Administrative Court for Campania, VI Section, No. 2866 of 7 May 2014

A foreigner who has been convicted for the violation of Article 171 of law No. 633/41 on the protection of copyright prior to the entry into force of the norms establishing that those guilty for this offense are not entitled to obtain a residence permit, has the right to renew his residence permit, and the administrative authority may not refuse the renewal automatically. In conformity with a prevailing trend in the jurisprudence of administrative courts, this principle is linked to the broader principle of non-retroactivity of criminal law. Accordingly, the TAR of Campania ordered the annulment of the censured measure as unlawful, as well for lack of investigation and motivation.