Conversion into law of Decree No. 13/2017

Provisions aimed at speeding up procedures related to international protection and at fighting illegal immigration

Hereafter the main aspects of the law:

Centri di Permanenza per il Rimpatrio (Return Detention Centres for Repatriation) – The law provides for the opening of new centres called Centri di Permanenza per il Rimpatrio (CPR). These centres, capable of hosting up to a maximum of 150 people, will be increased from the current 4 to 20 – basically one per region – thus capable of hosting up to a total of 1,500-1,600 people.

'Punti di crisi' ("Crisis centres") – Foreigners arriving in Italy illegally are taken to specially devoted "Punti di crisi" for "first aid and initial assistance" where photo, finger print and identification operations are carried out. The "reiterated refusal" to be identified represents a "risk of escape" from the withholding centres.

Additional units for evaluating international protection applications -  The new Court units specialised in immigration and international protection will be increased to 26, with seats in the capital cities of the Court of Appeal; in the Decreto-legge the specialised sections were 14. In particular, the law provides for the following measures:

  • among controversies falling within the competence of the specialised units, the provision adds the impugnment of orders issued by territorial commissions in charge of examining international protection applications;
  • specific rules and regulations have been provided for impugnment judgments concerning decisions related to transfers made by territorial commissions for the recognition of international protection. Appeal is allowed within 30 days from notice, and the judgment takes place in the council chamber as voluntary jurisdiction procedure. 
    The procedure ends with unappealable decree within  60 days from the lodging of the appeal. The decree can be impugned only by appealing to the Supreme Court within 30 days;
  • the law provides for the right of the asylum seeker to oppose, with a "motivated request," the video recording of his/her personal interview with the territorial commission; the territorial commission has the right to decide as to said request with unappealable order.

Simplification of territorial commissions' procedures for notifying acts to asylum seekers:  a) if the seeker was not received or is not withheld in a reception centre, the notification of acts related to the procedure for the recognition of international protection is carried out at the last domicile communicated by the seeker; b) if the person in charge of the centre cannot deliver the copy of the act to the seeker due to the fact that the latter cannot be found or to the unfitness of the domicile declared or communicated, the act is filed at the Questura and the notification is considered effective after 20 days.

Controversies concerning the recognition of international protection -  As a rule, proceedings are carried out in council chamber; during the phase of conversion, a series of hypotheses were added envisaging the personal appearance of the parties at the hearing.

Ascertainment of the citizenship status – In case of controversies, the summary procedure of knowledge is enforced, as already provided for by the Decreto-legge for controversies related to the status of statelessness.

The international protection seeker's registration at the registry office – The law regulates the modalities for registering and cancelling seekers from the registers of births, marriages and deaths of the resident population.

Suspension of compliance and payment of taxes on the island of Lampedusa – The law provides for an extension to 15 December 2017 for compliance and payment of taxes in consideration of the state of crisis present on the island due to the migratory flows and consequent fulfilments for humanitarian protection.

Quicker repatriations – The law provides for simpler modalities for repatriations; the aim is to build a cooperation system with the Countries of provenance through bilateral agreements, similarly to what already carried out in Libya, Niger, Sudan or Tunisia. As regards the reception system, the aim is to create a model based on the "widespread and integrated" one with the Local Bodies, in line with what already achieved with the SPRAR system.

Activities of social usefulness – The Prefetti, in agreement with the Municipalities involved, promote "initiatives useful for the implementation of the presence of international protection seekers, on a voluntary basis, in activities of social usefulness for local communities." Ad hoc projects can be organised, also in collaboration with third sector organisations, "financed with European resources destined to the field of immigration and asylum."

Act No. 4394 of the Council Chamber

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