Author
DL no. 100/2026, which entered into force on 12 June 2026, introduces urgent measures to implement the EU Pact on Migration and Asylum. The following paragraphs provide a summary of some changes introduced.
Asylum procedures
- Statement regarding the rules on deadlines of the procedure as laid down in the Asylum Procedure Regulation (APR), while not expressly mentioning time limits.[1]
- Decisions should be taken within 8 months under the ordinary procedure or 4 months under the accelerated procedure.
- An asylum application will now be considered implicitly withdrawn in cases stated in Article 41 APR.[2]
- No measure to suspend a withdrawal decision is provided, although Article 41(4) APR leaves Member States the option of providing for such a measure.
- The possibility provided for in Article 41(5) APR is introduced into national law, so that the Territorial Commission will reject an asylum application as unfounded or as manifestly unfounded where, at the stage that the application is implicitly withdrawn, it already found that the applicant does not qualify for international protection pursuant to Regulation (EU) 2024/1347.
- The possibility provided for in Article 39(4) APR is also introduced: an application can now be deemed “manifestly unfounded” when conditions laid down by Article 42 (1) and (3) APR apply.
- Regarding subsequent applications as a ground for inadmissibility, the relevant legislation now recalls the rules laid down in Article 38(2) APR.
- As of June 2026, Dublin provisions have not been changed in transposing the EU Pact.
- As a transitional period: administrative or judicial proceedings initiated following the submission of an application for international protection prior to 12 June 2026, the prior legal regime shall continue to apply until the conclusion of said proceedings.[3]
Border procedures
Border procedure rules have been significantly amended.
- The border and transit zones for the purpose of conducting the accelerated border procedure shall be designated by MoI decree.[4]
- In order to ensure the carrying out of the accelerated procedures at the border, one or more sections may be established at each Territorial Commission, up to a maximum of twenty-four (in addition to the 30 envisaged in the event of an exceptional increase in asylum applications as provided for in Article 4(2 bis) Procedure Decree). [5]
- While the previous legislation explicitly provided for the exclusion of vulnerable persons from the border procedure, now accelerated procedures will also apply to vulnerable persons, following an individual assessment conducted in accordance with guidelines drawn up by the Ministry of the Interior, in collaboration with other competent authorities and relevant organizations, provided that the necessary support can be offered to the applicants in question.[6]
- In accordance with the time limits laid down in Articles 51 and 73 APR, where an application is subject to the accelerated border procedure, the competent Territorial Commission must examine the application and adopt and notify its decision within four weeks.[7]
A MoI circular note dated 8 May 2026 divided border areas where border procedure applies into “Air border areas” and “Maritime border areas”. However, immediately after 12 June 2026, the border police of Trieste (included in the maritime border areas) started to apply the border procedure to asylum applicants crossing the internal land border between Italy and Slovenia.
On 27 June 2026, the Civil Court of Palermo suspended the enforceability of the 12-week residence obligation order under Article 5-ter of Reception Decree and Article 54 of Regulation (EU) 1348/2024, imposed upon an asylum seeker placed in the accelerated border procedure and accommodated at Villa Sikania (Agrigento). The person had arrived in Lampedusa on 14 June 2026, where he applied for asylum and underwent screening on 15 June, which was completed the same day. The screening report mentioned a referral to the anti-trafficking authority. The border procedure was nevertheless applied, together with the residence obligation at the Villa Sikania centre in Agrigento. ASGI lawyers filed an appeal under Article 5-quinquies of Reception decree, arguing that the information obligations in relation to both the decision and the authorisation to stay had been breached since both were drafted only in Italian and did not mention the consequences of breaching the residence authorisation. They also argued that the place of mandatory residence was unsuitable in light of the vulnerabilities identified during screening. The court upheld the interim request, noting in particular that the applicant’s vulnerability, already apparent during the screening stage, had not been properly taken into account, and stressing the serious impact of the measure, which directly affects the applicant’s personal liberty and his freedom of movement.[8]
Appeals
- As a transitional period: administrative or judicial proceedings initiated following the submission of an application for international protection prior to 12 June 2026, the prior legal regime shall continue to apply until the conclusion of said proceedings.[9]
- Appeals must be lodged within 30 calendar days from the notification of the first instance decision, or within 60 days if the person stays abroad.
- In cases where the accelerated procedure of Article 67(7)(a) APR applies, the appeal must be lodged within 7 days.[10]
- A new time limit of 5 days is introduced to appeal decisions in the border procedure, except where the applicant is an unaccompanied minor.[11]
- The appeal now will have an automatic suspensive effect, except in cases laid out by Article 68(3) APR.[12] However, the government chose to available themselves of the possibility laid down in Article 56 and 68(6) APR not to allow asylum applicants to stay on the territory during the appeal in case of:
- First subsequent applications lodged merely in order to delay or frustrate the enforcement of a decision which would result in the applicant’s imminent removal from that Member State (article 56 APR).
- A second or further subsequent application made in any Member State following a final decision rejecting a previous subsequent application as inadmissible or unfounded or manifestly unfounded (article 56 APR).
- In cases of subsequent applications if the appeal is considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State (Article 68(6) APR).[13]
- The Civil Court can either reject the appeal or grant a form of protection to the asylum applicant.
[1] Article 11 Decree Law 100/2026 amending Article 26 of the Procedure Decree and introducing Article 26 bis, 26 ter of the Procedure Decree
[2] According to Article 11 (1, f) of DL no. 100/2026.
[3] Article 17 DL 100/2026 of 12 June 2026
[4] Article 28 bis Procedure Decree.
[5] Article 4 ( 2 ter) Procedure Decree as amended by DL 100/2026.
[6] Article 28 (2) Procedure Decree which recalls Article 53 (2 b) c) and d) of the Regulation Procedure.
[7] Article 28 bis.1 Procedure Decree introduced by DL 100/2026.
[8] Civil Court of Palermo, interim decision of 27 June 2026.
[9] Article 17 DL 100/2026 of 12 June 2026
[10] Article 35 bis of the Procedure Decree as amended by DL 100/2026.
[11] Article 35 ter Procedure decree as amended by DL 100/2026.
[12] Article 35 bis Procedure Decree, as amended by Dl 100/2026
[13] Article 35 bis (5) as amended by DL 100/2026.