Abstract (in inglese)
With the Judgment 8 May 2023, n. 88, the Italian Constitutional Court has once more pronounced its opinion on the legitimacy of the regulation which provides for crimes impeding the application or renewal of the residence permit for work, by establishing requisites for the entry and stay of non-EU citizens. The Constitutional Court has declared unreasonable the legal provision in so much as it does not allow public administration to carry out a discretional evaluation on the social risk of the applicant for the renewal of residence permit, by providing an absolute presumption. In order to underline the importance of the decision, the comment briefly illustrates the questioned system of rules and, furthermore, it examines the case- law of the Constitutional Court on this specific subject, showing different positions of the Constitutional Judge. In conclusion, the decision is analysed in light of the constitutional jurisprudence developed on legislative automatisms, illustrating the traits of this way of lawmaking and the characteristics of the constitutional judgment on this kind of regulation.