Migrants, yes of the Council to the renewal of the residence permit for minor crimes
“Il renewal of the residence permit – for business reasons – it does not have to be rejected a priori if the applicant’s conviction is for minor offences. The last word on the possibility of issuing the renewal will be with the questore, after having assessed the social danger of the foreigner in question”. This is what the Constitutional Court with a sentence filed today, which judged some articles of the legislative decree to be constitutionally illegitimate 286/1998 – Consolidated Law on Foreigners – in the part in which they include, among the convictions that automatically prevent the renewal of the residence permit for work, also the crime of petty dealing and sale of counterfeit goods, without first appealing to an ad hoc assessment by the competent authorities.
Renewal of the automatic residence permit and Consult: the sentence
The constitutionality issues, informs the Consulta, had been raised by the Council of State in the context of two judgments originating from appeals presented by foreigners, whose request for renewal of the residence permit for work reasons had been rejected due to the convictions for the crimes referred to above. As explained by the Constitutional Court stating the reasons for the sentence – in line with the European Court of Human Rights – the legislator “does, however, have broad discretion in regulating entry and stay of foreigners on the national territory, however within the limit of a reasonable and proportionate balancing of the rights and interests involved”.
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