Council of State, Judgment of December 23, 2019

“The fact that the criminal offence underlying the refusal has become time-barred does not undermine the Administration’s power to base its negative determination on that same fact, by assessing the historical event as indicative of a lack of social integration on the part of the aspiring citizen. In such a case, the Ministry of the Interior must evaluate whether the individual’s conduct — in light of the specific circumstances of the event — indicates a failure to achieve full social integration and, consequently, a lack of assimilation into the national community, taking into account, overall, the person’s lifestyle, duration of stay in the national territory, family ties, employment, and all other relevant elements (Council of State, Section III, No. 1837/2019). This assessment was found to have been properly carried out.”

“The Administration, far from applying a mere automatic exclusion based on the referenced conviction, has exercised its discretion in assessing the fact as indicative of a lack of integration and of non-adherence to the fundamental principles governing civil coexistence within our legal system, taking into account the various elements gathered during the administrative investigation and making a substantive decision that cannot be challenged in this venue, as it is not manifestly illogical.”

The same evaluative requirement cannot be disregarded even in cases where criminal proceedings are still at the investigative stage and no final judgment has yet been issued. On this matter, the Council of State made it clear in its final opinion of 25 October 2017, stating that “it is indeed true that even facts for which no final conviction has yet been issued may serve as grounds for refusal; however, in such cases, the reasoning must clearly indicate — in light of concrete facts and circumstances, and not mere formulaic expressions — the process followed in balancing the public and private interests that led to a finding of unreliability on the part of the applicant and a determination of incomplete integration into the national community.”