Bologna Ordinary Court (Italy), decision of 5 December 2025
For a UK audience, it is important to clarify that Italian complementary protection is neither equivalent to refugee status nor comparable to discretionary humanitarian leave under UK immigration law. It is instead a legally binding, constitutionally grounded mechanism, designed to prevent removal where deportation would breach fundamental rights protected by the Italian constitutional order and international human rights obligations.
The decision delivered on 5 December 2025 by the Tribunale Ordinario di Bologna is particularly significant because it clarifies the current legal function of complementary protection and places it at the centre of the paradigm I define as “Integrazione o ReImmigrazione.”
Complementary protection as a legal limit on removal
Under Italian law, complementary protection applies where an individual does not qualify for refugee status or subsidiary protection, but removal from the territory would result in a disproportionate interference with fundamental rights, most notably the right to private and family life.
This form of protection is not policy-driven and does not rely on ministerial discretion. It operates as a legal barrier to removal, requiring courts and administrative authorities to conduct an individualised proportionality assessment. Where removal would violate constitutional or international obligations, the State is legally prevented from enforcing it.
Integration as a legally relevant factor
A key aspect of the Bologna decision is its treatment of integration as a legal assessment tool, rather than as a political or social aspiration.
Integration is not equated solely with employment. Work is relevant only insofar as it demonstrates lawful participation in the host society. Greater weight is placed on the overall coherence of the individual’s life in Italy: stable residence, genuine family relationships, language acquisition, social participation, and sustained compliance with legal and social norms.
Importantly, the court makes clear that a fully completed integration process is not required. What matters is the existence of a serious, credible and objectively verifiable trajectory, rather than speculative intentions or future plans.
“Integrazione o ReImmigrazione” as a selective legal framework
It is at this point that the paradigm Integrazione o ReImmigrazione becomes operational in legal terms.
Where integration has reached a level such that removal would cause an unjustified and disproportionate disruption of private or family life, complementary protection must be granted. Conversely, where integration is absent — characterised by social detachment, lack of stability or persistent marginality — ReImmigrazione represents not a punitive measure, but the legally consistent outcome of the balancing exercise.
This approach does not weaken migration control. On the contrary, it strengthens it by introducing clear, reviewable legal criteria distinguishing protected residence from mere physical presence.
A model distinct from UK discretionary approaches
From a UK perspective, this framework differs significantly from systems based largely on discretionary leave or policy guidance. The Italian model embeds integration directly into the legality of removal, making it a matter of constitutional compliance rather than administrative convenience.
Complementary protection therefore functions as a constitutional safeguard, ensuring that immigration enforcement remains compatible with fundamental rights, without creating automatic or unconditional residence entitlements.
Conclusion
The Bologna Ordinary Court decision of 5 December 2025 confirms that complementary protection now constitutes the operational core of Italian immigration law. It transforms integration into a legally measurable factor and positions ReImmigrazione as the legitimate consequence where such integration is lacking.
This is not a theoretical construct, but a fully functioning legal framework, grounded in proportionality, individual responsibility and respect for constitutional principles.
Avv. Fabio Loscerbo
Barrister & Attorney at Law – EU Transparency Register Lobbyist
ID 280782895721-36
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