Legislation : ITALY

 

Immigration :

Understanding the italian law on immigration has been greatly facilitated by the co-ordination achieved by "Decreto Legislativo n°286 del 25 luglio 1998 intitolato "Testo unico delle leggi sull'immigrazione".(Legislative Decree No. 286 of 25 july 1998 entitled "Single text of immigration Laws").This decree has collected in a single text all the provisions in force, in particular Law n°40 of 6 march 1998 on the conditions of immigration and legal status of foreigners. Decree n°228 of 25 july 1998 was executed by a Decreto del Presidente della Repubblica n°394 del 31 agosto 1999 (Decree n°394 of the President of the Republic of 31 August 1999) bringing into force the Single Text of immigration Laws. In implementing Law n°40/98, a programming document must be adopted every three years by the italian Governement. The first one was approuved by Decreto del Presidente della Repubblica del 5 agosto 1998(Decree of the President of the Republic of 5 august 1998).

Asylum :

Understanding the italian law on Asylum is particularly difficult by the absence of a single text on Asylum Law. A Proposal for a Law "Provisions in Relation to Asylum" is currently under discussion in the Parliament; actually the subjet is managed by Art.1 of Law 39/90.


Art. 10, comma 3, Constitution of Italian Republic

"A foreigner to whom the practical exercice in his own country of democratic freedoms, guaranteed by the Italian Constitution, is precluded, is entitled to the right of asylum within the territory of the Republic, under conditions laid down by law".

Art.1 of Law n° 39 28th February 1989 called "Martelli Law"

This Article concerns refugees.

Chapter III (Arts.18 to 20) Decreto legislativo (Legislative Decree) n° 286 of 25 July 1998 "Single Text of laws on immigration"

Proposal for a Law "Provisions in Relation to Asylum"

This project is currently under discussion in the Parliament.