ITALIAN SECURITY LAW AND
TREATY PRACTICE ON
UNAUTHORISED MIGRATION
European University Institute – 16 June 2010
THE “SECURITY PACKAGE”
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Legislative Decree no. 32 of 28 February 2008;
Law Decree no. 92/2008 converted into Law 24
July 2008, no. 125 with amendments;
Legislative Decree no. 159 of 3 October 2008;
Legislative Decree no. 160 of 3 October 2008;
Law of 15 July 2009, no. 94.
THE “SECURITY PACKAGE”
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Although official statistics show that crimes have fallen since
the 1990s (Barbagli, Ministero dell’Interno, 2007), the
“security package” has been supported by the widespread
perception – fuelled by politicians and the media – that
Italy is facing a national security emergency, largely caused
by irregular migrants;
After the murder of an Italian woman by an illegal migrant
in November 2007, irregular migrants have become the
focus of strong Italian concern;
A cornerstone of emergency-response strategy has been the
argument that repressive action was necessary to prevent
spontaneous reactions (Pastore 2008);
THE “SECURITY PACKAGE”
Legislative Decree no. 32 of 28 February 2008
Amendments and additions to Legislative Decree no 30/2007, implementing
Directive 2004/38/EC on the right of Union citizens and their families to
move and reside freely within the territory of the Member States
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Obligation of a declaration of presence. Failing this declaration, it is
presumed, unless proven otherwise, that the stay has lasted longer than 3
months.
Review of the provisions related to limits to free movement, removal and
expulsion. “Imperative grounds of public safety subsist when the person has
had behaviors that constitute a real and serious threat to fundamental
human rights or public safety, making urgent their removal because further
stay in the territory would be incompatible with civil and safe living”.
THE “SECURITY PACKAGE”
Law Decree no. 92/2008 converted in Law 24 July 2008, no. 125 with
amendments
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Expulsion and removal - Non EU-citizens will be expelled and EU
citizens removed from the Italian territory by Court decision if
sentenced to more than two year’s imprisonment.
Introduction of the aggravating circumstance of illegal immigration.
In case of crimes committed by illegal immigrants, the penalty may
be increased by 1/3;
Crime of lease to irregular migrants (punishable by detention from 6
months to three years and confiscation of the property – “the money
that is recovered from the sale of the confiscated properties will be
used to strengthen the activities aimed at the prevention and
repression of the offences related to illegal immigration”).
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Purpose: The Law is aimed at making action to prevent and combat
macro and micro crime more efficient and effective.
The 2009 Security Law covers five areas :
• immigration;
• organized crime;
• widespread crime;
• road safety;
• urban decor.
The Law on security - said Interior Minister Roberto Maroni - is a
very important step to ensure the safety of our citizens. On the
matter of immigration, certain standards against the phenomenon of
illegal immigration are set down which will increase the results
obtained with the rules of the security package already in force, as
the decree converted into Law 125/08. (Press release 2.7.2009).
THE “SECURITY PACKAGE”
Legislative Decree no. 159 of 3 October 2008
Amendments and additions to legislative decree January 28, 2008, No
25, implementing Directive 2005/85/EC on minimum standards on
procedures for granting and withdrawing refugee status
 Identification
by the Prefect of a place of residence or
geographical area for the asylum seeker;
 Detention in Centres of Identification (CIE) of asylum seekers who
have already received an order of expulsion or removal;
 Deleted suspensive effect of appeal. Filing of the appeal does not
suspend the effectiveness of the decision challenged, unless the
foreigner requests suspension for serious reasons. This request must
be made simultaneously to the filing of the appeal.
THE “SECURITY PACKAGE”
Legislative Decree no. 160 of 3 October 2008
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Amendments and additions to legislative decree January 8,
2007, no 5, implementing Directive 2003/86/EC on the right
to family reunification
ADN tests to verify blood ties;
Total disabled and unmarried adult children;
if other children without parents and if older than 65 years
only if the children in the country have documented and serious
health problems.
THE “SECURITY PACKAGE”
Law of 15 July 2009, no. 94 on Measures for public security
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the introduction of the crime of illegal entry and stay;
the introduction of new impeding causes to access the
national territory;
the extension of the maximum detention period in
Identification and Expulsion Centres (CIEs) from 60 to 180
days;
the exhibition of the permit of stay as a requirement to
benefit from certain rights;
the introduction of an integration agreement.
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The crime of illegal entry and stay
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Typical behavior is represented by entering or remaining in
the territory, in breach of the provisions of the Consolidated
Text and those of Article 1 of law May 28, 2007, No 68 (on
the regulation of short-term stays for visits, business, tourism
and study);
The new crime is punishable by a (criminal) fine from 5,000
to 10,000 Euros;
Competence for this new crime has been attributed to the
Giudice di Pace, providing the option for the court to replace
the penalty with the measure of expulsion for a period of at
least five years.
THE “SECURITY PACKAGE”
the introduction of new impeding causes to access the
national territory
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The law introduced a new cause impeding the
entrance of foreigners in Italy: the final sentence for a
crime related to protection of copyright, and for those
of forgery, alteration or use of distinctive signs of
intellectual or industrial products and introduction in
the state and the market of products with false
brands
THE “SECURITY PACKAGE”
the extension of the maximum detention period in Identification and
Expulsion Centres (CIEs) from 60 to 180 days
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The law has set the maximum period of detention of irregular
foreigners in CIE (identification and expulsion centers) in the event of
failure to cooperate in return, or delays in obtaining the necessary
documentation from third countries;
The original 30 days period may be reiterated another three times
(30+30+60+60) by the competent Court;
To this purpose, the questore must show that all reasonable efforts
have been undertaken to obtain documentation from third countries
which would allow the enforcement of the expulsion;
THE “SECURITY PACKAGE”
Return and highly skilled migration
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A fund designed to finance the costs for the
repatriation of foreigners to their countries of origin
or provenance is established.
Incentives for skilled employment are introduced:
foreigners who have obtained a PhD or a master in
Italy can convert the residence permit for study into
a permit for work or receive a residence permit for
research of up to 12 months
THE “SECURITY PACKAGE”
the exhibition of the permit of stay as a requirement to benefit from
certain rights
Obligation to exhibit the residence permit for the issuance
of licenses, permits, registrations etc., in any way
denominated, except for measures relating to access to
health services and those dealing with compulsory schooling,
as well as sports and recreational activities of a temporary
nature;
 Foreigners are required to present a document attesting the
legality of their stay in order to get married;
 Failure to exhibit the permit of stay, without a justified
reason, is punishable by detention up to 1 year and a fine
up to € 2,000.
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THE “SECURITY PACKAGE”
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the introduction of an integration agreement and integration requirements
Article 4-bis provides that when submitting an application for a residence permit,
the foreigner must sign an integration agreement, articulated though credits, thus
committing him/herself to share specific integration objectives to be achieved during
the whole time of validity of the residence permit. Conclusion of the integration
agreement is therefore a prerequisite for issuing a residence permit.
Criteria and conditions for signing the agreement and its articulation through credits,
on control, must be defined by a government regulation under approval.
The request for a residence permit is mandatory for foreigners who wish to reside in
our country for a period exceeding three months, so that these rules seem to be
applicable also to those requiring residence permits for employment outside the
quota system; i.e. pursuant to art. 27 of the Single text (entry in special cases) and
for types included art. 27-bis (entry and stay to volunteer) and 27-ter (entry and
residence for scientific research). Foreigners obliged to conclude an integration
agreement should also include managers or highly-specialized personnel.
Issue of the EC long-term resident permit has been subject to passing a language
test.