Complementary Protection and ReImmigration_ When Integration Becomes a Legal Criterion
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Complementary Protection and ReImmigration_ When Integration Becomes a Legal Criterion
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About this listen
Complementary Protection and ReImmigration: When Integration Becomes a Legal Criterion Welcome to a new episode of the podcast Integration or ReImmigration.
My name is Fabio Loscerbo, I am an Italian attorney, and in this episode I want to address a central issue in today’s immigration debate: the relationship between complementary protection and ReImmigration, in light of recent decisions by Italian courts. In recent years, the idea has spread that complementary protection represents an automatic right to remain in Italy, almost a shortcut around return and removal policies. This narrative is incorrect. And this is not an ideological statement, but a legal one. It is not supported by statutory law, nor by recent case law. Complementary protection, currently governed by Article 19 of the Italian Immigration Act, as amended by Decree-Law number 20 of 2023, is neither an easy nor a generalized form of protection. It is a residual safeguard, applicable only when the removal of a foreign national would result in a violation of Italy’s constitutional or international obligations, in particular the right to respect for private and family life. This is where a crucial point emerges. Protection is not based on abstract claims, but on concrete facts. Courts require proof of genuine rooting in the host country. Lawful employment, legitimate income, housing stability, social relationships, and respect for the rules. In one word: real integration. A recent decision by the Court of Bologna makes this very clear. Complementary protection was granted not because the individual was merely present in Italy, but because he demonstrated, even in a relatively short period of time, a real integration into the social and economic fabric of the country, without posing any threat to public order and without violating fundamental rules of civil coexistence. This is also a key point for understanding the meaning of the Integration or ReImmigration paradigm. Complementary protection is not an alternative to ReImmigration. On the contrary, it confirms it from a legal perspective. It functions as a filter. Those who truly integrate remain. Those who fail to integrate, or who systematically violate the rules, exit the system. Case law is very clear on this as well. There is no obligation on the State to guarantee economic well-being or better living conditions to individuals who have not built a genuine path of integration. And there is no absolute right not to be removed. Each case requires a serious and concrete balancing between individual rights and public interests, such as security and public order. From this perspective, integration is not a political slogan or an empty formula. It is a legal criterion. It is an individual responsibility. And it is the condition that legitimizes continued residence in the national territory. ReImmigration, therefore, is not a punitive or ideological measure. It is the natural consequence of failing to respect that implicit pact linking rights and duties. Without real integration, protection cannot stand. And without clear rules, no credible immigration system can exist. Law, when applied without hypocrisy, shows that it can distinguish. It can protect those who build. And it can remove those who refuse the rules. This is exactly the logic behind the Integration or ReImmigration paradigm. Thank you for listening to this episode.
My name is Fabio Loscerbo.
See you in the next episode of Integration or ReImmigration.
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