LEGISLATION

Italian legislation on immigration

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1. Costituzione della Repubblica Italiana (Constitution of Italian Republic)

Constituent Assembly elected on the 2nd of June 1946 after second world war

Article number 10 “The legal status of the foreigner is regulated by law in accordance with international rules and treaties. The foreigner, who is prevented from exercising the democratic freedoms guaranteed by the Italian Constitution in the own country, has the asylum right in the territory of the Republic, according to the conditions established by law.”

2. Law number 40 /1998 “Discipline of immigration and rules about the condition of the foreigner.”
(“Disciplina dell'immigrazione e norme sulla condizione dello straniero.”)

Italian Parliament; in particular, the authors are the ministers of that time Livia Turco and Giorgio Napolitano. 

The law regulates immigration, it wants to stimulate the regular entrance of people in Italy rather than illegal ways. The regular immigrant people can start the acquisition of citizenship configured by law and have realize some rights: familiar reunification, receive a correct health treatment, get an education. Illegal immigrant are expelled from the state.
The law foresees the institution of “Identification and Expulsion Centers” (CIE): structures in which foreigners "subjected to expulsion and/or rejection measures with compulsory accompaniment at the border" have to stay when the measure can’t be immediately provided.

3. Law number 189/2002 “Amendment to immigration and asylum legislation”
(“Modifica alla normativa in materia di immigrazione e di asilo”)

Italian Parliament; in particular, the authors are the ministers of that time Umberto Bossi and Gianfranco Fini. 

The law foresees more restrictive measures about immigration and permissions. It increases penalties for human traffickers, allows the use of Navy ships to combat illegal trafficking and defines the jobs that foreigners started to do in Italy (domestic workers, assistants to the elderly). 

4. Consolidation Act on Immigration 2020 
(“Testo unico sull’immigrazione 2020”)


Italian Parliament

The content is really huge since it collects the laws and the decrees still effective for the immigration regulation in Italy. It is constantly changed in the respect of the dynamic subject.
Here the index: Title I - General principles Title II - Provisions on entry, residence and removal from the territory of the State Title III- Work rules Title IV - Right to family unity and protection of minors Title V - Healthcare provisions, as well as education, housing, participation in public life and social integration Title VI - Final rules

5. Social services and territorial network. Law number 328/2000 “Framework law for the realization of the integrated system of interventions and social services”
(“Legge quadro per la realizzazione del sistema integrato di interventi e servizi sociali”)

This law defines the kind of social services and how they have to work in order to guarantee the quality of life, equal opportunities, non-discrimination and rights. In the framework of this law, the main actors are the municipalities: they have to provide needed services and they constitute the first organization with which people from migratory contexts have to face as network of social and health services system. Each municipality can work individually or in combination form with other municipalities (called “consorzio”). Municipalities always have to define a so-called “Piano di Zona” at a local level. The main responsible from social, health and educational organizations have to discuss about: the strategic objectives and priorities for intervention as well as the tools and means for their realization; the organizational methods of the services, the financial, structural and professional resources, the quality requirements; how to ensure integration between the various services (health, educational, territorial ...).

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