Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Legal and administrative framework

Italy

There is no specific provision on resettlement in Italy. In absence of a specific procedure, the ordinary procedure for recognition of international protection status is used. The Decree-law (n. 416 of 30 December 1989) defines who is entitled to request refugee status, lifts the reserves on the Geneva Convention of 28 July 1951 and introduces the first main framework for asylum law in a single article on asylum.

The Single Act (Testo Unico) is the main text detailing the rights of foreigners in Italy. The Decree-law n. 251 of 30 November 2007 defines conditions for granting the two possible international protection statuses: refugee status and subsidiary protection. However, the main procedure to request international protection was modified by the Decree-law n. 25 of 28 January 2008, which regulates the procedure for requests and rights given to the applicant during the procedure for the assessment of request. The Decree-law n. 159 of 3 October 2008 introduces some modifications to the aforementioned Decree-law and makes provisions regarding the procedure for the requests, the rights given to the applicant during the procedure for the assessment of the request.

The National and Territorial Commissions, as entities granting refugee status, play an important role in resettlement activities in Italy. The Bossi-Fini law (189/2002), amending the Decree-law n. 416 of 30 December 1989, modified the National commission (new article 1-quinques) and decentralised the procedure for the recognition of international protection status by the creation of Territorial commissions (new article 1-quarter). Resettlement projects found their internal legal foundations as part of private-public partnership projects, which the Italian government may create under the national system for reception, known as “Sistema di protezione per richiedenti asilo e rifugiati” (SPRAR).The system was introduced by the Bossi Fini law (189/2002).

Laws

* Decree-law (n. 416 of 30 Decembre 1989)

Abstract

This Decree-law (n. 416 of 30 Decembre 1989) - also called the “Martelli law” - was published in Gazz. Uff., 30 Decembre, n. 303, and implemented by Law 39/1990.  It makes provisions for emergency measures concerning asylum, entry and stay of third country nationals and the regularization of third country nationals and stateless persons present in Italy.

Moreover, the Decree-law lifts the reserves on the Geneva Convention of 28 July 1951 and introduces the first main framework for asylum law in a single article on asylum. In particular, article 29 states that the territorial Commission declares inadmissible the request and does not proceed to the examination of the request if the person making the request for international protection is already recognised as refugee in another States signatory of the Geneva Convention and still can rely on that protection. As the resettled refugees could not avail themselves of the protection in the first asylum country, they are therefore entitled to request asylum in Italy.

Files attached to this content:

Decree-law (n. 416 of 30 Decembre 1989) in Italian

* Decree-law (n. 251 of 30 November 2007)

Abstract

This Decree-law concerns the implementation of Directive 2004/83/EC on minimum standards to nationals of third countries or stateless persons as refugees or as persons who otherwise need international protection, as well as minimum standards on the content of the protection granted

The Decree-law defines conditions for granting the two possible international protection statuses: refugee status (art. 7- 13) and subsidiary protection (art. 14-18). The status of refugee foresees a permit of stay of 5 years renewable. It gives right to family reunification and document for Schengen movements as well as access to the labour market, study, health assistance and free movement, integration and housing. Similar rights are given to those benefiting from refugee status however it grants a permit of stay of three years only.

The Decree-law is accessible in Italian at: 

http://www.interno.it/mininterno/export/sites/default/it/sezioni/servizi/legislazione/immigrazione/0986_2008_01_05_Dlgs_19_11_2007_n.251.html

The Decree-law (n. 251 of 30 November 2007) was modified as part of the so-called “Pacchetto Sicurezza” by the Decree-law (unofficial translation) 'Changes and additions to the Decree of 6 February 2007, n. 30, implementing Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the territory of the Member States' (n. 32 of 28 febbraio 2008). The Decree-law is accessible in Italian at:

http://www.interno.it/mininterno/export/sites/default/it/sezioni/servizi/legislazione/immigrazione/0981_2008_03_03_D_legvo_28_febbraio_2008_n.32.html_319159483.html

* Decree-law (n. 25 of 28 January 2008)

Abstract

The Decree-law (n. 25 of 28 January 2008) concerns the implementation of Directive 2005/85/EC regarding minimum standards on procedures in Member States for granting and withdrawing refugee status. The Decree-law is accessible in Italian at:

http://www.interno.it/mininterno/export/sites/default/it/sezioni/servizi/legislazione/immigrazione/0984_2008_02_15_Dlgs_28_1_2008_25.html_319159483.html

The Decree-law (n. 25 of 28 January 2008) was modified as part of the so-called “Pacchetto Sicurezza” by the Decree-law (unofficial translation) 'Decree-law of 3 October 2008, No. 159, amendments and additions to Decree-law 28 January 2008, n. 25, implementing Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status' (n. 159 of 3 October 2008). The Decree-law is accessible in Italian at:

http://www.camera.it/parlam/leggi/deleghe/testi/08159dl.htm

* Decree-law (n. 286 of 25 July 1998)

Abstract

This Decree-law (“Testo Unico delle disposizioni concernenti gli stranieri”) commonly referred to as 'Testo Unico' or as the 'Turco-Napolitano-law' outlines the rights and duties of foreigners in Italy and highlights the different treatment accorded to refugees in comparison to immigrants.

Files attached to this content:

Decree-law (n. 286 of 25 July 1998) in Italian

* Decree-law (n. 189 of 30 July 2002)

Abstract

The Decree-law, also known as Bossi-Fini, was implemented by the Presidential Decree 303/2004. The Decree-law decentralised the procedure for the recognition of status of refugee through the creation of Territorial Commissions and created a simplified procedure. The procedure was amended by the implementation of the EC directive 2005/85/EC through the Legislative decree 25/2008 but maintained the crucial role of Territorial Commissions and the decentralised system for the determination of the international protection status. The Legislative decree 25/2008 gave the National Commission for the Right to Asylum (Commissione nazionale per il diritto di asilo) a coordinating role and responsibility for revue and revocation of the status of international protection. 

The Decree-law also introduced the national system for reception, known as “Sistema di protezione per richiedenti asilo e rifugiati” (SPRAR). On the basis of this system, the Italian government may create private-public partnership projects, on which resettlement projects found their internal legal foundations.

Files attached to this content:

Decree-law (n. 189 of 30 July 2002) in Italian

Italy snapshot

Size: 301,263 km2

Population: 60 million

Year of EU Entry: 1952

In the Schengen Area: Yes

Protection Status Granted: 10,288 (2011)

Resettlement Scheme: Ad hoc

Resettled Refugees: 32 (2010)

Source: The information about the size, population, in the Schengen area, and year of EU entry is taken from europa.eu.