La non retroattività dell’abrogazione della protezione umanitaria

Decree Law n. 113/2018 repealed the permit for humanitarian reasons, intending to lower the protection provided to foreigners. The paper focuses on the intertemporal law profiles: the new law does not provide transitional rules governing all the previous pending cases. Therefore, Courts had to rule if the new regulation is or is not retroactive. Finally, the Joint Chambers of the Supreme Court of Cassation ruled that the humanitarian protection is a fundamental human right; therefore, the repeal does not affect the rights already acquired by foreigners.