ITALY Annual Policy Report 2008

Transcription

1 EMN EUROPEAN MIGRATION NETWORK Italian National Contact Point ITALY Annual Policy Report 2008 Italian National Contact Point European Migration Network - EMN Edited by the IDOS Centre for Studies and Research (Raffaele Callia, Franco Pittau and Antonio Ricci), with the support of the Ministry of Interior ROME 2009

2 EMN ITALY Annual Policy Report 2008 Edited by Raffaele Callia, Franco Pittau, Antonio Ricci Translated by André Villenueve Index 1. Political developments in Italy p.3 General structure of the political system and the institutional framework in matters of asylum and immigration Institutional and political developments 2. Policy and legislative developments in the area of migration and asylum p.9 General structure of the legal system in the area of migration and asylum General overview of the main debates concerning policies or legislation Specific policy and legislative developments Control and monitoring of immigration Refugee protection and asylum Unaccompanied minors (and other vulnerable groups) Economic migration Family reunification Other legal migration Citizenship and naturalization Integration Illegal immigration Actions taken against human trafficking Return migration Other policy areas/topics 3. Implementation of EU legislation p.20 Progress in the transposition of Community legislation Political and social debates regarding the implementation of legislation on asylum and immigration i. The structuralisation of the migration phenomenon ii. The discussion on immigration at the National Statistics Conference iii. Immigrants contribution to the Italian economy iv. Crime does not involve the entire foreign community v. Integration as a priority 2

3 1. Political developments in Italy 1.1 General structure of the political system and the institutional framework in matters of asylum and immigration On the topic of immigration, the Italian political system tries to combine together two fundamental exigencies: on one hand, to promote measures that foster both the inclusion and integration of immigrants legally residing in Italy; on the other, to set measures that thwart irregular immigration, thus ensuring public order and security. As will later be shown, this last aspect has been the main concern of the Government in The framework concerning policies on immigration and asylum sees the different responsibilities and competences shared by different ministries, which, in turn, are currently coordinated by the Committee for the Coordination and Monitoring of Migration Policies (established by the Presidency of the Council of Ministers). This Committee is backed up by a special interministerial Technical Work Group (established by the Central Directorate for Immigration and Asylum Policies of the Ministry of Interior s Department of Civil Liberties and Immigration). Strictly speaking however, the main actor in dealing with the issue of immigration is the Ministry of Interior (in collaboration with other departments and institutional organizations), which exercises its action primarily through two departments: The Department of Public Security and the Department of Civil Liberties and Immigration. The latter is responsible for general immigration matters and, more specifically, for guaranteeing the protection of civil rights and the right of asylum, with the aid of three Central Directorates. Within this Department we find the National Commission for the Right of Asylum, which is the highest state authority on asylum and the recognition of the international protection status. For several years now, this Commission has replaced the Central Commission for the Recognition of the Refugee Status 1. At the regional level, the National Commission relies on a set of decentralized organisms for the processing of requests for asylum called the Territorial Commissions for the Recognition of International Protection. 1 Historically speaking, the first organization to have occupied itself with the recognition of the refugee status was the Joint Committee of Eligibility (CPE). 3

4 The Department of Public Security is headed by a Prefect whose duties combine those of the Chief of Police and those of the General Director of Public Security. This Department is also organized into Central Directorates, including the Central Directorate for Immigration and Border Police whose task is to promote measures to control the presence of irregular immigrants already on Italian soil and to fight/prevent irregular immigration. Within this Directorate we find: the Office of General and Legal Affairs (divided into three sectors), the Immigration Service and the Border/Immigrants Police Service. This last one is also responsible for coordinating the entire national network of immigration offices, including those attached to police headquarters. Besides the Ministry of Interior, other departments and institutional organisms also tend to and deal with policies on migration and asylum. In particular, the Ministry of Labour, Health and Social Policies (commonly referred to as the Ministry of Welfare) which, since 2008, has absorbed into one body the tasks previously divided between three ministries: the Ministry of Labour and Social Security, the Ministry of Health and the Ministry of Social Solidarity. Within the Ministry of Welfare we find the General Directorate of Immigration - backed up by the Regional Directorates of Labour - which is the competent authority for implementing the legislation on labour insertion and, more particularly, for issuing permits allowing the employment of foreigners. This Directorate is also entrusted with the coordination of the Committee for Foreign Minors ; an inter-ministerial body through which the State takes care of unaccompanied minors, including those hosted temporarily on Italian territory. The Ministry of Welfare is also responsible for the safeguard of immigrants health. In fact, following the 2008 elections and the formation of the Government led by Hon. Silvio Berlusconi, this Ministry (whose functions were confided to the Hon. Maurizio Sacconi) absorbed into a single body the powers previously entrusted to three separate ministries under Romano Prodi s Government, that is the Ministry of Labour and Social Security (led by the Hon. Cesare Damiano), the Ministry of Health (led by the Hon. Livia Turco) and the Ministry of Social Solidarity (led by the Hon. Paolo Ferrero). Other than the Ministry of Interior and the Ministry of Welfare, the Ministry of Foreign Affairs also plays its part in migration and asylum policies. The unit within it which is responsible for immigration is called the General Directorate for Italians Living Abroad and Migration Policies - through the Offices V (Migration Policies and Asylum) and VI (Center for Visas) - address issues regarding consulate affairs for foreigners living in Italy, applications for asylum and refugee status, as well as participating in the annual programming of entry flows. 4

5 The Italian juridical system also recognizes advisory powers on migration issues, to the National Council for the Economy and Labour (CNEL), which is the subsidiary State body provided by art. 99 of the Italian Constitution. In fact, a special section within the CNEL called the Immigration Area was created specifically for this purpose. Attached to it is the National Organism for the Coordination of Policies for the Social Integration of Foreigners, which operates at a local level (as provided by Legislative Decree no. 286/1998). This Organism has two main tasks: first of all, to see to and sustain development at the local level, pushing towards a better integration of foreigners with in mind their right to represent themselves and participate in the Italian public forum; second of all, to promote a confrontation/dialogue between social and institutional actors at local level and with other significant European realities. It goes without saying that all of this is geared towards choosing and then sharing the good practices regarding integration. Still at the institutional level, an important task is delegated to the network of Italian municipalities (ANCI). Upon the request of the Minister of Interior in collaboration with the United Nations High Commissioner s Office for Refugees (UNHCR) and the hands-on (effective) support of the third sector, the ANCI collaborates with the System of Protection for Asylum and Refugee Applicants (SPRAR), whose coordination is confided to the Central Service (which is set-up by the Ministry of Interior) and handed, rightly so, to the ANCI by means of a signed agreement. Profiting from the experience of its predecessor (National Program for Asylum - PNA), SPRAR can count on the National Fund for Asylum Policies and Services, (expressly determined by art septies of the socalled Bossi-Fini Law no. 189, dated ). 1.2 Institutional and political developments As already stated above, general elections were held in Italy on the 13 th and 14 th of April 2008 following the premature dissolution of the XV th legislature which, in turn, was prompted when Prime Minister Romano Prodi resigned on January 24 th It must be said that, as concerns immigration policies, Prime Minister Prodi s Government (through his Minister of Interior Giuliano Amato and his Minister of Social Solidarity Paolo Ferrero) had presented a draft for a new law granting executive power towards the adoption of a legislative decree by which could be amended the Consolidated Text 5

6 on Immigration on the provisions concerning the discipline on immigration and the norms on the status and condition of foreigners 2. Although this decree was never passed (because of the above-mentioned changes in the political scene), its intention was nevertheless to propose a few principles and directive criteria: in particular, to promote legal immigration which better takes into account labour supply and demand of foreign citizens (which entails reviewing the general criteria regarding the entrance flow mechanisms); to simplify the procedures for issuing entry visas on national territory, including the review of the necessary documentation which foreigners must exhibit and also the obligation to provide the reasons for the refusal of all types of visas; to simplify the procedures and the requirements for both the issuance of a permit and the residence permit (or of its renewal); to involve foreigners holding a EU long-term residence permit in Italian public life at the local level, through active and passive electorates during administrative elections; to synchronize the regulation of entries and stays on national soil with the European Union legislation; to render effective returns home through the use of gradual measures; to abolish the system of both reception centers and detention centers for irregular non-eu citizens 3 ; to promote the integration of foreign minors (including those under custody or guardianship) in the country s social and civil structure; to promote the full integration of regular foreigners residing in Italy; to give local authorities extraordinary or temporary powers of intervention in terms of hosting, allowing them to be in a better position when handling urgent situations and cases; to update the provisions relating to Consultation regarding the problems of foreign immigrants and their families; to strengthen the measures geared towards the integration of migrants (particularly second generation and women), while highlighting the role of cultural mediators; and finally, to reform the rules on the recognition/equivalencies of diplomas, jointly with the Ministries who have expertise in this matter. As we have just said, this proposal was not followed up because of the changed political scenario. The developments that occurred between 2007 and 2008, culminating with the early elections of April 2008, have in fact provoked reflections on Italian migration policies in terms of both the institutional organization and the approach to the subject. 2 This text was presented jointly by the Ministers of: Foreign Affairs, Justice, Labour and Social Security, European Policies, Health, Family Policies, Education, Local Affairs and the Autonomy of Regions, not to mention of Economy and Finance. 3 It should here be reminded that before this draft was presented, the then Minister of Interior, Giuliano Amato, had instructed an ad hoc committee (chaired by Ambassador Staffan de Mistura) to proceed to an inspection of detention centers for foreigners. The detailed results of that investigation can be found in a report of about 40 pages, containing also several proposals for action. See 6

7 From the institutional point of view, the previously combined powers and competences have been entrusted solely to the Ministry of Labour, Health and Social Policies, now making it the main authority on immigration and labour, immigration and health and immigration and social inclusion. As for the Ministries of Interior and of Foreign Affairs their respective expertise have remained essentially as they were before. However, from a purely political point of view, the approach to the subject of immigration has changed radically. Indeed, with regard to the two fundamental requirements that migration policies in Italy intend to reconcile, namely the inclusion and integration of legal immigrants on the one hand and the fight against illegal immigration on the other, the new Government has placed particular emphasis on the latter. In fact, the new executive cabinet (in which political forces like the Northern League, rather inclined to emphasize the rigor of the law towards immigrants, have their say) played on the theme of security while associating it with the phenomenon of illegal immigration. Also from the political point of view, in 2008 the items on the agenda concerning immigration were very different since it was now viewed and tackled mainly in terms of emergency and public security. Such was the case with the Rom Issue in metropolitan areas, with saw the adoption of measures of identification (both authorized and random) in nomad camps, including the taking of fingerprints; other proposals have focused on the introduction of the aggravating circumstance of being irregular in Italy in cases of conviction, as well as on the definition of irregular immigration as a crime. These and many other issues related to immigration have been somewhat condensed in the heart of the political debate with the so-called Security Package, which will be dealt with in the following paragraphs. Furthermore, during the course of 2008, the debate was fuelled even more by several news reports that received wide media attention. In these reports, foreigners were here spotlighted as victims, there as suspects, thus increasing (in more than just a few cases) the general feeling of hostility towards them. It should also be recalled that in 2008 Italy reached an agreement with Libya on the surveillance of the maritime border near the Strait of Sicily, the latter being one of the sectors most debated by Italian public opinion as concerns illegal immigration. Landings (a phenomenon which in itself constitutes a small amount of illegal entries into Italy) continued even during 2008, reaching approximately 36,000 by the end of the year. Among the people who arrived on Italian shores, the number of those who were in possession of the necessary requirements for the granting of the refugee status (or some other form of protection) was not insignificant. In the same year 2008, it also became 7

8 apparent and clear that the widespread availability/diffusion of the black labour market exerts a strong attraction on, and even promotes illegal immigration. 8

9 2. Policy and legislative developments in the area of migration and asylum 2.1. General structure of the legal system in the area of migration and asylum The Italian legal system regarding migration and asylum is based on the Constitution of the Republic, in particular on article 10 (paragraph 3), recognizing the right of asylum for any foreigner deprived of the effective execution of democratic liberties guaranteed by the Italian Constitution in their country of origin. The same article refers once more to the ordinary law regarding the juridical condition of the foreigner, according to the international norms and treaties. In 1997 the sentence of Court of Cassation singled out as the organism competent the ordinary court, to decide the matter of granting asylum, in accordance with the Constitution. Into Italian law system since it was underlined the lack of an organic law on this matter, the Parliament has taken steps to remedy the specific implementing EU directives. Still at the constitutional level, article modified by the Constitutional Law no.3 dated October 18 th, 2001 ( Changes to Title V of Part II of the Constitution ) - explicitly considers immigration, one of the matters on which the State (without the participation of the Regions) exercises the exclusive legislative power. The UNHCR has operated in Italy (Rome) since The following year, with Law no. 722 of July 24 th, was ratified the Geneva Convention of 28 th July 1951, although with the geographic limitation for the recognition of the refugee status as it only concerned European citizens - albeit a few exceptions such as for Chilean and Vietnamese refugees - remained on force, until December 31 st In 1997 the responsibility of caring for asylum applicants and refugees went to the Ministry of Interior (Refugee Assistance Division of the General Directorate for Civil Services). By Law no. 943 (30 th of December 1986) it was possible to settle the first Regularization (socalled amnesty ) for non-european immigrants. Thanks to this Law, a large number of asylum applicants could enjoy a new way different from those used until then, renouncing his application for asylum and taking the opportunity to regularise their residence for labour related reasons. With Law no. 39 (28 th of February 1990, known as the Martelli Law, were introduced into the Italian regulation system Urgent Norms in Matters of Asylum, Entry and Stay of non-eu Citizens and Regularization of non-eu Citizens and Stateless Persons already present on State Territory, governing of recognition of refugee status in article 1. This law will be applicable provisions of first asylum and refugees, with a new procedure and a new mechanism of assistance. Under the new asylum 9

10 procedure (operational in March 1991 following the Albanian Emergency ), the task of the refugee status recognition passed from the Joint Committee for Eligibility (still operating in that year under the prorogation regime) to the Central Commission for Refugee Status Recognition. For applicants for asylum was also anticipated an economic aid for the duration of one month and a half, time predicted of the duration of the administrative process. On the 18 th of November 1995 was launched the Dini Decree (no. 489) provided urgent measures on immigration policy and to regulate entry and residence of non-eu citizens, but did not come into law. To have a new normative instrument of an organic character in the immigration matter, it was not until 1998, with the approval of the Law Turco- Napolitano. This Legislative Decree issued on 25 th July 1998 no. 286 contains the Consolidated Act of Dispositions Concerning Immigration Regulations and Norms Condition Foreigner, that in addition to the new law takes account of the previous rules remained in force (Official Journal no. 191 of 18 th August 1998). This document did not bring important modifications to the "Martelli Law" in asylum matters. The Presidential Decree no. 394/1999, then, has formalized the regulation laying down rules for implementing the Consolidated Act The Bossi-Fini Law (no. 189, 30 th of July 2002) came into force in September That measure modified the rules in matters of immigration and asylum and it has become fully effective only since 2005, in consequence of the regulation regarding the procedures of the recognition of refugee status (Presidential Decree no. 303, 16 th of September 2004), which was published in the Official Journal no. 299 of December 22 nd, In the asylum matter, the Law no. 189/2002 introduced a simplified procedure together with the ordinary one, combined with the formation of the Territorial Commissions having the task of determining the refugee status, as well as of creating a National Commission to deal with the course and the coordination tasks. This Law incorporated the subject of "humanitarian protection" regarding anybody who needs particular protection as escaping from war or generalized violence condition, even if they are not considered refugees according to the criteria expressed by the Geneva Convention of This law also disciplined the institution of the the National Fund for Asylum Policies and Services, in order to guarantee the protection of asylum applicants and refugees. Which activities were already been undertaken at national level a year ealier through the National Asylum Program (PNA). That program started as a result of cooperation between the UNHCR, the Ministry of Interior and the Network of Italian Municipalities (ANCI). As there was no national protection system, the aim of this 10

11 initiative was the formation of a network reception for asylum applicants as well as the inclusion and integration program for persons with already granted refugee status recognition. Following the Law no. 189/2002, the experience of the PNA is merged in a more organic in the Protection System for Asylum Applicants and Refugees (SPRAR), which as mentioned, is coordinated by the Central Service that the Interior Ministry has given the ANCI under agreement the activities of integrated reception (board and lodging, work and social guidance, juridical assistance, etc...), with the possibility of use of the contribution of the network of local authorities and the third sector. In 2005, with the DPCM of 4th February, the National Commission for Asylum Right was instituted and on the 7 th of December 2006 the adoption of the Directive on foreign unaccompanied minors asylum applicants. In 2007, the Ministry of Interior with the Decree of 23 rd of April proposed the Card Values for Citizenship and Integration and with the Decree Law no. 249 (29 th of December), provided urgent measures for expulsion and removal of immigrants for terrorism and public security reasons. In the last years Italy has adopted different EU directives regarding asylum and migration policies. Among them, Directive 2003/9 (adopted by a Legislative Decree on the 30 th of May 2005, no. 140) which sets basic norms concerning the reception of third-world country citizens applying for the recognition of the refugee status on Italian territory, in accordance with EU member states standards. Besides, by the Legislative Decree of 25 th of January 2007, no. 24, was given effect to the Directive 2003/110 on assistance in cases of the transit regarding the measures of expulsion by air. On 8 th January 2007 the Directives 2003/109 and 2003/86 were put into practice by two different Legislative Decrees no. 3 and no. 5. The first concerns the status of the third- world country citizens long-term residents, while the second concerns the right of family reunification. Moreover, with Legislative Decree no. 30 (February 6 th, 2007) the directive 2004/38 regarding the EU citizens and their familie s right to circulate and residence in the territory of EU member states was put into practice. Whereas the Directive 2004/114, concerning the admission conditions for the third country citizens for study reasons, school exchanges, voluntary or unpaid work experience, was put into practice with the legislative decree of 10 th August 2007 no.154. Besides, during the meeting of the Cabinet on 9 th November 2007, the Italian government has approved two legislative decrees proposed by the Minister of Interior (Giuliano Amato), to implement two orders EU directives on refugees and asylum: the first Directive 2004/83 ( Qualification directive ) concerning rules on minimum standards for third-world countries citizens and stateless persons as refugees or as persons who otherwise need international protection. The second Directive 11

12 2005/85 ( Procedures directive ), containing basic norms for procedures applied in EU member States in order to recognize and revoke the refugee status. Following to the implementation of these two important EU Directives, were raised the Centers for Reception of Asylum Applicants (CARA) in order to substitute the Progressively Identification Centers (CID), created with Law no. 189/2002. The above mentioned Legislative Decrees also introduced a new form of international protection, the subsidiary one, that can be granted by the asylum applicant in case of specific conditions, if not entitled to refugee status or humanitarian protection. As mentioned in the section concerning political developments, events which occurred between 2007 and 2008, culminating with the early elections of April 2008, deeply affected Italian migration policies. This holds particularly for the substantial strictness in the approach to the subject as evidenced by the principles contained in the Bossi-Fini Law. 2.2 General overview of the main debates concerning policies or legislation As we have seen, the legislative changes dictated by the consistency of normal flows and the incidence of irregular immigrants have prompted a tightening of the rules. In this context, without underestimating the importance of public security and order, some social forces (NGOs, trade and labour unions, associations) and the churches have, however, pointed out that integration is a difficult but necessary outlet on which we must insist. In fact, if the dialectic between these two poles (precisely security and integration) is addressed without controversy and in a constructive spirit, this will allow a more profound and serene reflection on the future of the country and also to seek a more satisfying synthesis. In a society where diversity has become an intrinsic characteristic which cannot no longer be denied, we need a strategy that links together the issue of prevention and suppression of deviance with that of integrating new citizens, keeping in mind that these people (not withstanding fringe elements) have a positive attitude towards the country that welcomes them (in most cases due to cultural and religious motivations). This has been confirmed by a fresh interpretation of judicial statistics which revealed that regular immigrants (by far the most numerous) have no disproportionate complaints with the justice system. Among the obstacles towards a more harmonious relationship between security and integration we must consider both the law on the granting of citizenship (which, unfortunately, meets the needs of minors much more than those of adults) and the question of voting in local elections (which penalizes 12

13 new citizens willing to participate in them, even though half of those involved have been on national territory for over 5 years). On the latter, although a bipartisan agreement has been reached between the political forces in Government and the opposition, this agreement wasn t strong enough to pursue towards the adoption of new norms or laws. Critical comments were also made on the exclusion of immigrants access to a part of public offices or positions, allowing them full participation in the State, in local authority and organization instances and in the educational system. So far this has been done for nurses only, even if in a rather convoluted way. The stabilization of immigrants entails a better coordination of permanence in the labour market (both flexible and short-term), given that the legislation on residency is focused on the sternness of biannual or annual permits or on a period of unemployment limited to six months. These seem to hinder the reinstating of the market. Another factor that continues to affect the inclusion of immigrants is the cumbersome administrative practices. Despite substantial progress in this area, the situation could be even better, especially in front of the consistency of flows and practices unequalled in any other Member State (except Spain). There are also limits even within the social-work area. For example, only 44 national collective agreements contain specifications geared towards the protection of immigrants needs, while at the same time the perspective for obtaining active citizenship can only be substantiated by positive responses to their specific needs. The public debate has also highlighted the extent of the ISTAT estimates (June 2008) regarding population trends up to It has become most clear that immigrants will continue to exert an increasing impact on Italian society and also that they are Italy s missing wheel, without which the country cannot move forward quickly. The three scenarios put forward by ISTAT (low, middle and high according to the chosen parameters) all foresee an increase of the elderly population among the Italians and a decrease of the working age population. In the high scenario hypothesis (which seems to be the most realistic of the three), the average age of Italians will increase from 42.8 years (2007) to 49 years, the working population from 39 million to 35.8 million, people aged 65 and over from 11.8 million to 22.2 million, while foreign residents will amount to 12.4 million and account for 18% of the total population. There is absolutely no doubt that immigration these days has taken a proportion greater than that of the post Second World War Italian migrants. This phenomenon requires a new adaptation on the 13

14 part of Italian society in order to move forward in that direction, without assuming that an optimal strategy to face it has already been identified and put into practice. 2.3 Specific policy and legislative developments Control and monitoring of immigration. Pending the approval of a draft of an organic law on public security, the President of the Republic, upon the proposal of the Government in the year 2008, issued a decree on Urgent Measures Concerning Public Safety (Lgs. Decree no. 92/2008 4, effective from 27/5/2008 and converted into Law no. 125/08). This decree contains new rules for the deportation of convicted immigrants, thus introducing the provision of the aggravating circumstance of having committed a crime on Italian territory while being in the state of irregularity. Severe punishment is also introduced for those who rent houses or apartments to irregular immigrants (imprisonment from six months to three years and confiscation of the property), and also for those who employ foreign workers without residence permits (again, imprisonment from six months to three years and a fine of 5,000 euros for each worker employed). Finally, the powers of mayors and local police in the area of urban security are seen amplified and increased, and are to be deployed in synergy with state authorities Refugee protection and asylum. The Italian legislation regarding asylum changed again in 2008 in order to conform to European rules, introducing two texts: firstly, Legislative Decree no. 251 (19/11/2007) on the carrying out of Council Directive 2004/83/EC on minimum standards for the qualification and status of Third-world countries citizens or stateless persons as refugees or as persons who otherwise need international protection and the content of the granted protection, published in the Italian Official Journal no. 3 of 04/01/2008, which came into force on the 19 th of January of the same year. Secondly, Legislative Decree no. 25 (28/01/2008) on the carrying out of Council Directive 2005/85/EC on minimum standards in EU Member State procedures for granting and withdrawing refugee status, published in the Italian Official Journal no. 40 ( ), which took effect on the 2 nd of March Then follows Legislative Decree no. 159 ( ) entitled Modifications and Insertions to Legislative Decree no. 25 (28/01/2008) which implements Directive 2005/85/EC on minimum standards in Member State procedures for granting and withdrawing refugee status, that 4 3_maggio_2008.html. 14

15 brought further changes to Legislative Decree no. 25/08, while new ones are expected with the security norms concerning immigration enacted by the Italian Government with Law no. 94/ Unaccompanied minors (and other vulnerable groups). Regarding the issue of unaccompanied minors, 2008 proved to be a very sensitive year in terms of hosting them if one considers that in cases of emergency landings the number of unaccompanied minors who arrived in Italy that year was 2,124, while the total amount reached the 8,000 mark. In October, the Central Organism for the Protection of Minors Traveling alone (within the Department of Civil Liberties and Immigration) was created. Its task is to ensure the rights of minors present on national soil and to evaluate the projects dedicated to host them and also those working to return them home. In fact, before the last broadening unaccompanied minors from Romania made up one third of all reported cases. Another significant intervention was laid-out by the Circular Letter of the Ministry of Interior (March 28, 2008) which addressed the issue of requests for the conversion of a residence permit at the age of 18, thus bringing to the same level protective custody and foster care 5. Finally, as for the general aspects, Minister Giuliano Amato (shortly before leaving office) signed a directive in April on the presence of immigrant minors in Italy (about half a million people), in which it is explicitly stated that minors, whether Italian or of foreign origin, are to be treated equally and that the issuance of a residence permit is possible at the age of Economic migration. As regards economic migration it should be noted that at the time of the 2007 flows decree (launched by the Prime Minister on October 30 th, 2007), which had planned an entry quota (into Italy) of 170,000 non-eu foreigners for non-seasonal employment and selfemployment, over 700,000 applications had already been received by January In December of the following year, the 2008 flows decree for the entry of 150,000 non-eu foreigners seeking non-seasonal employment not covered new entries, but has drawn from the applications submitted in excess of 2007 and also confirmed by the requests of authorization presented by employers to the Single Desks for Immigration before May 31 st, 2008 (Decree of the Prime Minister, December 3 rd, 2008). 5 On the question of the conversion of a residence permit, Law no. 94/2009 (the so-called security package ) will have intervened in the following year. This law stipulates that requests for both custody and integration in tutelage projects (previously treated as separate items) should now be considered as one and the same. 15

16 In view of the 2009 program for new entries, the North League political party proposed in November a moratorium on entry flows of non-eu foreigners for at least two years, in order to cushion the effects of the economic crisis and the consequent loss of jobs. It should be noted that since the 2007 flows decree, the Ministry of Interior introduced a new electronic procedure to facilitate data transfer and help eliminate the long and exhausting queues of applicants in front of post offices, setting specific dates of expiry for the submission of applications (the so-called click days ). The use of telematic procedures was first used in the programming of entry flows for seasonal immigrant workers (80,000 entries) and then in May, for requests of authorization to recruit highly skilled foreign workers, which is provided for by Art. 27 of the Consolitated Text on Immigration (Law no. 286/1998). Finally, a decree of the Minister of Labour, Health and Social Affairs dated July 9 th, 2008 was distributed among regions and autonomus provincies in the 2008 entry quotas for foreigners willing to take courses in professional formation, internship training and career orienteering. The decree follows the quota set for the year 2007, authorizing the entry of 5,000 people for attendance at training courses and another 5,000 for the development of internship and orienteering courses Family reunification. Concerning family reunification the main point of reference is Legislative Decree no. 160 (October 3 rd, 2008), Official Journal no. 247 (October 21 st, 2008), entitled Changes and Additions to Legislative Decree no. 5 (January 8 th, 2007) on the Implementation of Directive 2003/86/EC on the Right to Family Reunification. The latter restricts the right to family reunification that can be request for legal age spouses who are not legally separated, for minors who are not married (with the prior consent of the parent), for legal age dependent children (only if totally disabled), and for dependent parents (aged 65 and over and if the other children are unable to support them for serious health reasons). Concerning income requirements, the decree stipulates that for each family member one must have an available income equal to half (and not less) the annual amount provided by annual social assistance, plus half the amount for each family member. As for the reunification of two or more children under the age of 14, or of two or more family members of persons under subsidiary protection, one will need an income of not less than twice the amount of annual social assistance. As well, a mandatory health insurance or registration at the National Health Services is required for parents who are 65 or over. 16

17 Is also introduced DNA testing (paid for by those concerned) where there are serious doubts on the part of the diplomatic-consular representation regarding the required documentation. Simultaneously, the waiting period for authorization jumps from 90 to 180 days. From April onwards, the computerized procedure used for the 2007 flows decree is now applied to family reunification requests. To submit one s application, it is now possible to appeal to, and be assisted by national associations representing employers, trade unions and other associations which are authorized to access the system Other legal migration. The relevant document regarding this point is the following: Legislative Decree no. 17 (January 9 th, 2008), G.U. no. 31 (February 6 th, 2008) on the Implementation of Directive 2005/71/EC Relating to a Specific Procedure for Admitting Citizens of Third-World Countries for Purposes of Scientific Research. This Decree, while amending art. 27 of the Consolidated Text on Immigration, establishes the off-quota entry and residence for scientific research for the benefit of non-eu citizens with a diploma, giving them access to doctoral programs in their respective countries. The procedure involves: a) an agreement between the researcher and an accredited Italian institution; b) the request for an off-quota authorization made by the Institution to the Single Desk; c) the request for a visa made by the researcher to the Italian Diplomatic Representation; d) the request for a scientific research residence permit once on Italian soil. This permit is renewable for a period equal to the extension of the research program. The researcher can also apply for family reunification. Non EU researchers with a similar permit issued by another EU country are able to pursue research in Italy, after having concluded an agreement with the research institute Citizenship and naturalization. There haven t been any noteworthy legislative changes on citizenship and naturalization, though it should be mentionned that several bills on this issue are being discussed at the level of the Italian Parliament. In July, a statistical survey produced by the Ministry of Interior (more accurately by the Central Directorate for Civil Rights, Citizenship and Minorities) showed that in 2007 the requests for Italian citizenship amounted to about 40,000 (including those granted, rejected and inadmissible). Although the number of applicants was 50% higher than last year, a series of improvements in the organization 17

18 and the computerization of the service helped to reduce the waiting periods in the process of evaluating requests. However, within these statistics foreign children born in Italy (who may acquire Italian citizenship between 18 and 19 years of age) are not accounted for as these cases (several thousand) are recorded directly in their respective municipalities of residence and not by the Ministry of Interior Integration. During the international conference entitled Day of Integration: Research on Indicators of Integration in Italy and in Europe (March 7 th, Rome), the Fifth Report on the Indicators of the Integration of Immigrants in Italy was presented. This study was conducted by the National Organism for the Coordination of Policies for the Social Integration of Foreigners (ONC), which is a branch of the National Council of Economics and Labour (CNEL). These surveys, which began five years ago with the support of the Caritas/Migrantes Immigration Statistics Dossier, enable us to compare the potential of attraction for immigrants in different parts of the country, that is, where the conditions to host them and the procedures for their social integration and civil life are more attractive to them. Some of the statistical indicators used in the report are: the availability of adequate housing, jobs, the opportunity to live at home with their children and low judicial allegations. The report demonstrates that the region most able to provide better conditions for immigrants is the Trentino Alto Adige region, followed by Veneto and Lombardy. The Emilia Romagna, Marche and Friuli Venezia Giulia regions are also considered to have maximum potential for integration. A High Potential is awarded to the regions of Valle d'aosta, Piedmont, Umbria and Tuscany, whereas the Abruzzo, Liguria and Lazio regions are in the Middle Zone. The areas where the conditions of integration are at their lowest are the southern and island regions, especially Basilicata, Puglia, Campania and Sicily, where are encountered the national territory differences regarding economic development and job offer. Using an innovative methodology, the CNEL Report was able to measure for the first time the registered procedures of hosting in various regional contexts with respect to their actual possibilities to do so. For example, this Report has highlighted the fact that some regions or provinces with poorer means manage to be more welcoming than others who are richer. Another avenue that the CNEL intends to explore in the future is the different degree of integration at the level of individual or single foreign communities. 18

19 2.3.9 Illegal immigration. In addition to what said in Section 2.3.1, the decree on Urgent Measures Concerning Public Safety (Lgs. Decree no. 92/2008 6, effective from 27/5/2008 and converted into Law no. 125/08), is expected to transform the Centers for Temporary Stays (CPT) into Identification and Deportation Centers (CIE). This decree was later followed by an order of the Prime Minister to strengthen the system of identification and deportation of irregular foreigners in Italy (Ord. no. 3703). In 2008, not one measure or sanction was approved for the regularization of irregular immigrants. There was however talk of their presence and their number (between half a million and one million) Actions taken against human trafficking. After the promulgation of the Rule of Reorganization (Presidential Decree no. 102 dated May 14 th, 2007, published in the Official Journal of July 20 th, 2007), in October 2008 the Inter-ministerial Commission on support for victims of trafficking was established within the Prime Minister s Council (more accurately within the Department for Equal Opportunities) Return migration. As far as policies on return migration are concerned, we note no significant legislative changes, even in the implementation of key policies. Worthy of mention is the heated public debate (June 18 th, 2008) on the approval of the Directive on repatriation (115/2008/CE) Other policy areas/topics. With regard to bureaucratic management practices, during the month of February 2008 a new procedure for the renewal of residence permits was put to the test in 223 municipalities. As envisaged in the directive of the Minister of Interior Giuliano Amato, these municipalities aught to replace the Italian Post alongside police headquarters for the renewal of permits for non EU citizens, in order to considerably reduce these time consuming practices _maggio_2008.html. 19

20 3. Implementation of EU legislation 3.1 Progress in the transposition of Community legislation. As we have seen in the previous section (legislative and policy developments regarding immigration and asylum at the national level), in the year 2008 the Italian Parliament issued several regulations in order to implement European Directives or to necessarily integrate previously implemented laws. Since these regulations have already been sufficiently analyzed, we only provide here a summary of them. Also, to be more complete, we add to the latter other regulations such as Legislative Decree no. 32/2008 relating to the free movement and residence of EU citizens and their family members which, by amending Articles 5, 18, 20, 21, 22 of Legislative Decree no. 30/2007 and adding to it Articles 20-bis and 20-ter, has, among other things, specified the limits on the right of entry and residence of EU citizens and their families (for example: State Security, overriding reasons for Public Security, other reasons concerning Public Order, diseases or illnesses with epidemic potential and when the conditions that determine the right of residence fail). Still on the subject of the movement of workers who are new EU citizens, Joint Circular Letter no. 1 (January 4 th, 2008) of both the Ministry of Interior and the Ministry of Social Solidarity has confirmed, as well, the transitional arrangements for Bulgarians and Romanians in order for them to have access to the labour market. ITALY. List of EU legislation that has been transposed into national legislation (2008) Legislative Decree 160, (October 3, 2008), G.U. no. 247 (October 21, 2008) entitled «Changes and Additions to Legislative Decree no. 5, (January 8, 2007) Implementing Directive 2003/86/EC on the Right to Family Reunification». See: Legislative Decree no. 159 (October 3, 2008), G.U. no. 247 (October 21, 2008) on «Changes and Additions to Legislative Decree no. 25 (January 28, 2008), Implementing Directive 2005/85/EC on Minimum Standards in Member State Procedures for Granting and Withdrawing Refugee Status». See: Legislative Decree no. 32 (February 28, 2008), G.U. no. 52 (March 1, 2008) on «Changes and Additions to Legislative Decree no. 30 (February 6, 2007), Implementing Directive 2004/38/EC on the Right of EU Citizens and their Families to Move and Reside Freely Within Member State Territory». See: Legislative Decree no. 25 (January 28, 2008), G.U. no. 40 (February 16, 2008) on the «Implementation of Directive 2005/85/EC on Minimum Standards in Member State Procedures for Granting and Withdrawing Refugee Status». See: Legislative Decree no. 17 (January 9, 2008), G.U. no. 31 (February 6, 2008) on the «Implementation of Directive 2005/71/EC Relating to a Specific Procedure for Admitting Citizens of Third-World Countries for Purposes of Scientific Research». See: SOURCE: 20

21 3.2 Political and social debates regarding the implementation of legislation on asylum and immigration. In light of the above considerations, while reaffirming that migration in Italy has become consistent and quantitatively characterized by a significant growth rate, we are now witnessing one of the most important phenomenons of present day Italy. It is therefore not surprising that the problem of immigration has occupied a prominent place in political and social debates. Unlike what can be eventually hoped for, these debates remain very controversial because it has not yet been possible to reach a basic approach that is shared by both different political forces and the general public. The topics of discussion which emerged in these debates are many. For this reason, among the most far-reaching in the social-political-statistical realm, we have selected the following five (which have gathered much attention during 2008): i. The structuralisation of the migration phenomenon. This arose from data collected from the XVIII th report entitled Caritas/Migrantes Immigration Statistical Dossier 2008, which is the most important present statistical aid on immigration at the national level; ii. The debate on immigration held at the National Conference of Statistics (organized by the National Institute of Statistics with the participation of leading experts at the national level); iii. The contribution of immigrants to the economy, highlighted by the survey conducted by ISTAT on the labour market (corroborated by the relevant statistics provided by Unioncamere, Inail, INPS, etc.); iv. Crime does not involve the entire foreign community (as underlined by the Home Office Crime Report for 2007 and a research conducted by the Bank of Italy in 2008); v. The integration of immigrants as a priority objective in society, upon which the National Economic and Labour Council has put particular emphasis in its periodic reports on the indicators of integration of immigrants. i. The structuralisation of the migration phenomenon Coined and proposed by the Caritas/Migrantes Immigration Statistics Dossier 7, the term structuralisation of the migration phenomenon intends to mean the set of factors that characterize the immigrant presence in Italy as an essential asset to its growth. Not only in terms of the quantitative 7 ritas.html_ html. 21