The Human Rights of Refugees: The Italian Solution




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НазваниеThe Human Rights of Refugees: The Italian Solution
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5.2 Law 40/1998, “The Turco-Napolitano Law”


The law 40/98, “Consolidation Act on Migration”, also known as “Turco-Napolitano” is important to our case as it is the only one that provides to some extent for the integration of migrants at large. It introduced the so called “Italian model” of integration. This includes cooperation with EU member States, with countries of origin, with NGOs and civil society bodies; and, reiterates the establishment of quotas for the entry of foreign workers in Italy - an amount above which no entry can be “regular”.

The introductory report of the bill defines three goals: “the fight against illegal migration and criminal exploitation of migration flows; the implementation of a policy of legal, planned and regulated entries and the application of efficient integration processes for new migrants and foreigners already residing in Italy”.

While it enforces the importance of the local level giving responsibility for integration to regions (which received about 80% of the funds for reception and integration) it does not establish specific integration targets or rules for the allocation of funds. It does stress the Italian model of integration which gives a central role to, municipality and their cooperation with NGOs. The knowledge on how to go about integration was however left in the hands of activism at local level, being provinces, municipalities, NGOs or the catholic associations with Caritas at the forefront. These took up the task to promote reception centres and organise front office services, counselling and legal support, literacy programmes, among other services to asylum seekers and refugees18.

5.3 Law 189/2002, “Bossi-Fini”


Asylum seekers procedures and rights are to these days mainly regulated by the Martelli law and few modifications introduced by “Immigration law” 189/2002, also known as the “Bossi-Fini”.

The most significant modification to the Martelli law is the introduction of a “simplified

procedure” for requesting asylum, which allowed the detention of the asylum seekers in a

Centre for Identification (CI) or even in a Centre for Temporary Stay (CPT). This procedure

quickly proved to be a measure to fight clandestine immigration rather than to provide asylum. The “simplified” procedure is applied to all asylum requests that are not “ordinary”: that is persons considered to have willingly avoided/tried to avoid border controls when entering Italy, or who had previously received an order expelling them from Italian soil. The simplified procedure created a focus on the way and conditions in which the asylum seeker has entered Italy, rather than their personal history of suffering (little distinction is made between an asylum seeker and an economic migrant (Masiello 2007). The law made further changes in detention policy. It established plans to expand and strengthen immigration detention in terms of infrastructure. It also set the maximum length of detention—which was modified in 2009—at 30 days, a period extendable by an additional 30 days when necessary to carry out deportations (Art. 13).

The Central commission for the recognition of refugee status was turned into the “National Commission for the Right of Asylum”. The law also established the territorial Commissions thereby bringing about a decentralisation of the examination of asylum applications. Nowadays there are ten of them, based in the cities of major affluence of asylum seekers. They are responsible for the examination of the asylum application at local level and are constituted by three parties: a representative of the local Police (Questura) a representative of the Prefecture and a representative of the UNHCR.

5.4 Incorporation of European Directives


In 2005 and 2007 the Italian Parliament receipted the European Commission Directives, most importantly the EC83/2004 and the EC85/2005 mentioned above. These have modified strongly the asylum normative. Importantly they have abolished the detention of refugees and have introduced the suspend effect of the appeal against denial of refugee status - those who have appealed the rejection are entitled to stay in the country legally until the final decision is taken – and has introduced the possibility to apply for family reunion also for those who have been granted subsidiary protection.

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