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

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

Legal and administrative framework

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