Abstract

Law Decree 20/2023 eliminated the administrative procedures for obtaining humanitarian protection (called special protection in Italy) but did not remove this figure from substantive law. In fact, the removal of a foreigner is still limited by compliance with constitutional and international obligations. Respect for these obligations is not adequately fulfilled by the special figures of temporary residence permits specifically provided for. In fact, these figures do not consider all the situations deserving protection according to Articles 2, 10 and 117 of the Constitution and do not ensure sufficient pos-sibilities of integration into Italian society. For this reason, the humanitarian protection guaranteed by the judges must find administrative recognition in other types of residence permits. The residence permit for special protection cannot be used because it prevents integration and preludes the future irregularity or removal of its holder. However, the serious danger of human rights violations in the event of removal may justify the issuance of a residence permit for international protection (in par-ticular subsidiary protection). In other cases, a residence permit for family reasons may be granted both to protect family relations and to protect private life.