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Italy |
2023 |
Legislative |
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Processing asylum applications at first instance |
Law No 50/2003 introduced the possibility to address staff shortages in the determining authority by using officers of the local prefecture. The law requires new staff to be adequately trained. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Access to procedure |
The penalty for human trafficking was increased and a new crime of “death or injury as a consequence of crimes in the field of illegal immigration” was introduced. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
The ordinary age assessment procedure was amended, providing that the age assessment must be carried out by a multidisciplinary and multi-professional team of experts (composed of a paediatrician, a psychologist specialised in child development or a child neuropsychiatrist, a cultural mediator and a social assistant) and completed within 60 days. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
A new legislative decree allows the public security authority to order anthropometric tests or other medical examinations (such as X-rays) to identify age in the event of emergency conditions (e.g. substantial, multiple and frequent arrivals, rescues at sea, etc.). In such cases, the authority must give immediate notice to the Public Prosecutor’s Office at the Tribunal for Minors, which authorises the execution in writing or, in cases of particular urgency, orally and subsequently confirmed in writing. The law has also foresees a detailed procedure for drafting the reports for examinations and appeal mechanisms. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
Legislative amendments prescribe that unaccompanied minors are accommodated in SAI facilities, following an initial stay in a government reception facility. In the event of mass arrivals of unaccompanied children when reception cannot be provided by a municipality, the prefect must activate dedicated temporary structures for minors. When these structures are momentarily not available either, youngsters above the age of 16 may be accommodated in special sections of facilities foreseen for adults for a maximum of 90 days. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Access to procedure |
Italy and Albania concluded a protocol on strengthening cooperation in migration matters. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Content of protection |
The criteria for national forms of protection was revised. The wording of the ECHR, Article 8 was cancelled. This national (special) protection may be granted on the basis of international or constitutional obligations. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Policy |
|
Unaccompanied minors and vulnerable groups |
The Ministry of the Interior issued guidance on the identification, referral and support to applicants with special needs in an effort to harmonise territorial practices. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Policy |
|
Unaccompanied minors and vulnerable groups |
The national referral mechanism was updated for the identification, assistance and protection of victims of human trafficking and exploitation. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Policy |
|
Resettlement and humanitarian admissions |
The Ministry of the Interior, Foreign Affairs and International Cooperation signed a new memorandum of understanding with the National Institute for the Promotion of the Health of Migrant Populations (INMP), UNHCR, the Community of Saints Egidio, Federation of Evangelical Churches and ARCI to resettle 1,500 refugees living in Libya over a 3-year period. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Detention during the asylum procedure |
According to Law No 50/2023, applicants may be detained in hotspots or CPRs when lodging an application at the border to assess their right to enter the country if they arrive from a safe country of origin or by evading relevant border checks. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Policy |
|
The Dublin procedure |
The Dublin unit started working on an IT solution to improve the workflow of outgoing transfers and transfer decision appeals. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Detention during the asylum procedure |
According to Law No 50/2023, applicants may be detained to determine elements on which the asylum claim is based and which cannot be established without detention, within the limits of places in CPRs. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Processing asylum applications at second or higher instance |
Law No 50/2023 provided that, before filing an appeal, lawyers may access the video recording of the applicant’s hearing before the Territorial Commission. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Reception of applicants for international protection |
Law No 50/2023 foresees that, to alleviate pressure on hotspots, foreigners can be transferred to similar facilities on the national territory to undergo identification and registration. When government reception centres are full, the prefect may identify temporary reception facilities. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Detention during the asylum procedure |
According to Law No 50/2023, applicants can provide a financial guarantee as an alternative to detention. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Policy |
|
Interpretation services |
The National Commission for the Right to Asylum (NAC), in cooperation with UNHCR and the EUAA, produced a handbook for interpreters. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Detention during the asylum procedure |
For applicants awaiting a Dublin transfer, Law No 50/2023 allows their detention in CPRs if there is a significant risk of absconding, but only for the time strictly necessary for the execution of the transfer and for a maximum of 6 weeks. |
EUAA Asylum Report 2024 |
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Italy |
2023 |
Legislative |
|
Content of protection |
Amendments specified that a short-term return to the country of origin is enough for the cessation of international protection status, unless the travel takes place for serious and proven reasons for strictly the necessary period. An additional ground for withdrawing international protection was added, when the beneficiary for international protection submits an application for another type of permit. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Policy |
|
Special procedures to assess protection needs |
The establishment of a first centre for accelerated returns at the border was announced for applicants arriving from safe countries of origin. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Reception of applicants for international protection |
Law No 50/2023 allows for the derogation of certain laws to facilitate the opening and operating of hotspots and government reception centres. It also allows the Italian Red Cross to manage the Lampedusa hotspot. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Reception of applicants for international protection |
The criteria to redistribute applicants among Italian regions was revised. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Detention during the asylum procedure |
Law No 50/2023 established that new return and repatriation centres (CPRs) may be established and maintained with a derogation from some laws (e.g. procurement) until 31 December 2025 to ensure that centres can be opened quickly. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Reception of applicants for international protection |
Legislative amendments underlined that applicants do not have access to second-line reception (SAI), with the exception of resettled applicants, displaced persons from Ukraine and Afghanistan, and applicants with vulnerabilities. All female applicants are considered to be vulnerable and thus have access to SAI. |
EUAA Asylum Report 2024 |
|
Italy |
2023 |
Legislative |
|
Processing asylum applications at second or higher instance |
Law No 50/2023 provided that for appeals registered before 31 December 2021 and still pending, a motion may be presented by the lawyer to prioritise the assessment of the right to special protection before the assessment of the right to international protection. |
EUAA Asylum Report 2024 |