Skip to content In an order dated 10 August 2026, the Court of Palermo addressed the municipal registration of a non-EU partner of an Italian citizen in the context of a stable cohabiting relationship. In the case examined, the Court held that possession of a residence permit is not a prerequisite for registering the cohabitation agreement and the resulting registration with the municipal population registry.
The case concerned a couple consisting of an Italian citizen and a Kenyan citizen. In February 2026, they entered into a cohabitation agreement under Law No. 76/2016. Subsequently, they submitted it to the Municipality of Palermo for registration. The Municipality did not proceed, requiring, among the necessary documents, a valid residence permit for the foreign national.
The legal framework considered by the Court
In its decision, the Court first referred to Law No. 76/2016, which regulates de facto cohabitation, and Legislative Decree No. 30/2007, which implements Directive 2004/38/EC on the free movement of EU citizens and their family members.
In particular, Article 3(2)(b) of Legislative Decree No. 30/2007 provides that entry and residence should be facilitated for a partner with whom an EU citizen has a durable relationship duly attested by official documentation. Article 23 of the same decree also extends the more favourable provisions to foreign family members of Italian citizens.
According to the Court, none of the provisions considered expressly makes registration of the cohabitation agreement conditional on the prior possession of a residence permit. A cohabitation agreement entered into under Law No. 76/2016 may instead constitute official documentation capable of demonstrating the existence of a stable relationship.
Municipal registration may precede the residence permit
One of the most significant aspects of the ruling concerns the relationship between municipal registration and the residence permit.
The Court observed that making registration of the cohabitation conditional on the prior possession of a residence permit could prevent the foreign partner from accessing the process needed to regularize their stay. Under the Court’s reasoning, registration of the cohabitation agreement may therefore precede the acquisition of the residence permit, similarly to what may occur in the context of marriage.
The decision also refers to the right to respect for private and family life protected by Article 8 of the European Convention on Human Rights (ECHR).
The decision of the Court of Palermo
Upholding the application, the Court ordered the Mayor of Palermo, acting as a Government Officer, to register the cohabitation agreement and consequently register the non-EU partner with the municipal population registry.
The order follows an approach already adopted in previous first-instance decisions and referred to by the Court of Palermo itself. The ruling is therefore particularly relevant for couples consisting of Italian citizens and third-country national partners, especially where the absence of a residence permit is treated by the administration as an obstacle to registering the cohabitation.
It should nevertheless be stressed that this is a judicial ruling issued in relation to a specific case. It does not constitute an amendment to the general legal framework. The principles identified by the Court should therefore be assessed considering the circumstances of each individual case.