Medical Treatment Permit and Work: Council of State Reopens Conversion After the Cutro Decree

Medical Treatment Permit and Work: Council of State Reopens Conversion After the Cutro Decree Welcome to a new episode of the podcast Immigration Law. I am attorney Fabio Loscerbo. Today we examine a very important decision of the Italian Council of State, issued on March 20, 2026, Third Section, number 2397 of 2026, concerning case with general register number 6436 of 2025 . The case concerns a foreign national holding a residence permit for medical treatment who applied for its conversion into a work permit. The Police Headquarters of Florence declared the application inadmissible, applying the new rules introduced by the so-called Cutro Decree, that is decree-law number 20 of 2023, converted into law number 50 of 2023, which removed the possibility of converting this type of permit. The Administrative Court of Tuscany confirmed this approach, stating that after the reform such conversion is no longer allowed. However, the Council of State takes a completely different position. The key issue is the interpretation of Article 7, paragraph 2, of the Cutro Decree, namely the transitional provision. According to the Council of State, the reference to “applications submitted” before the entry into force of the reform concerns the original application for the residence permit, not the later application for conversion. And this changes everything. It means that if the medical treatment permit was requested before May 6, 2023, the previous legal framework still applies, including the possibility of conversion into a work permit. The Council of State clearly states that the “previous legal regime” must be interpreted broadly, including the possibility of conversion as an integral part of the residence permit system . The decision is grounded on fundamental principles: protection of the right to health, protection of private and family life under Article 8 of the European Convention on Human Rights, and the principle of legitimate expectations. In other words, a foreign national cannot be penalized by a change in the law when their legal position was formed under a different regulatory framework. In conclusion, the Council of State upholds the appeal and annuls the decision of the Police Headquarters. This ruling has a significant practical impact, because it reopens an interpretative space that seemed to be closed after the Cutro Decree, especially for those who obtained their permits before the reform. And it reaffirms a fundamental principle: transitional rules must be interpreted in a way that protects fundamental rights, not restricts them. Thank you for listening. See you in the next episode of Immigration Law.

Questo episodio include contenuti generati dall’IA.