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Summary

Italy’s legal system provides for a complex framework of assistance to asylum seekers.  Italy has adhered to or ratified the most important international treaties providing for the protection of refugees and their families.  The Italian police have broad powers to control and reject asylum seekers at the border.  Italian legislation has created several government agencies at the national and regional levels to provide assistance to asylum seekers, including the review of their applications, financial and material help, and the monitoring of their activities within the country.  Legislation that accords with Italy’s international and European obligations has also established grounds for the rejection of asylum requests.  Italian law provides for an abbreviated procedure for the review of asylum requests under certain conditions.  Asylum seekers may be granted either refugee status or subsidiary international protection status.  Deportation and repatriation proceedings are also regulated in national legislation.  Asylum-related administrative decisions are subject to judicial review.  Once granted protected status, refugees may avail themselves of all the education, work, health care, housing, and other benefits established by law for Italian citizens.  Finally, protective measures are established for unaccompanied minors found in the country.

I.  Asylum in Italy in General

Italy has adhered to the Universal Declaration of Human Rights of 1948, whose article 14 provides that “everyone has the right to seek and to enjoy in other countries asylum from persecution.”[1]  Italy is also a signatory to the International Covenant on Civil and Political Rights of 1966 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.  Both of these instruments contain provisions on asylum.  In 1954 Italy ratified the UN Convention Relating to the Status of Refugees of 1951.[2]  This Convention does not establish any obligations for the states to admit into their territories persons that apply for refugee status.  The only obligation set forth in this Convention is the principle of nonrefoulement—the prohibition against “expel[ling] or return[ing] a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”[3]  The Convention also provides an exception to the aforementioned obligation in the case of “a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country.”[4]  Since 2007, the European Union Treaty has provided for a European common policy on asylum.[5]  

To date, there are no international instruments providing for a universal right of asylum that Italy has adopted.  However, Italy is among the few European countries to proclaim a right to asylum in their Constitution.  The Italian Constitution provides that “[a] foreigner who, in his home country, is denied the actual exercise of the democratic freedoms guaranteed by the Italian constitution shall be entitled to the right of asylum under the conditions established by law.”[6]

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II.  Regulatory Framework on Asylum

Beginning with the Constitution, several legislative and regulatory instruments regulate asylum and asylum seekers in Italy.

A.  Definitions

Italian law defines “refugee” as “a foreign citizen who, on the basis of on a well-founded fear of being persecuted by reason of race, religion, citizenship, belonging to a particular social group [or holding a particular] political opinion, is found outside of the territory of his/her country of citizenship and cannot or, on the basis of such fear, is unwilling to avail him/herself of the protection of his/her country.”[7]  A stateless person found outside the territory in which he/she previously had his/her usual residence for the same reasons mentioned above, who may not or, on the basis of such fear, does not want to return to his/her country of citizenship, also falls into the definition of “refugee” for legal purposes in Italy.[8]

The law also defines “status of refugee” as the recognition of a foreign citizen as a refugee by the state.[9]  Persons eligible for “subsidiary protection” are foreign citizens who do not qualify to be recognized as refugees but with respect to whom there are reasonable grounds to consider that, if they return to their country of origin or, in the case of stateless persons, if they return to their country of previous usual residence, they would face a serious risk of suffering serious harm and, as a consequence of such risk, they may not avail themselves of the protection of that country.[10]  A “claim for international protection” is one aimed at obtaining the status of refugee or the status of person eligible for subsidiary protection.[11]  A “requester of international protection” is a citizen of a third country or a stateless person who requests to be admitted to an internationally protected category.[12]  “Humanitarian protection,” in turn, is the protection granted to citizens of a third country who are found in objective and serious personal conditions that do not allow their removal from Italy and whose request for international protection is denied.[13]  “Unaccompanied minors” are those foreigners younger than eighteen years of age who are found, for whatever reasons, in the national territory, deprived of assistance or legal representation.[14]

International protection may be offered by the Italian state, political parties, or organizations that “control the state or part of its territory.”[15]  International protection consists of the adoption of adequate measures to prevent the persecution of or infliction of serious harm on the affected persons.[16]  The determination of whether an international organization controls a state or a part of its territory and if it provides protection depends on the guidelines issued by the Council of the European Union or, when appropriate, on the evaluation of the situation made by the competent international organizations.[17]

According to the law, “acts of persecution” for purposes of granting refugee status must “(a) be serious enough, by their nature or frequency, to represent a grave violation of fundamental human rights,” as understood by the UN Declaration of Human Rights; or “(b) constitute the accumulation of various measures, among them the violation of human rights, whose impact is sufficiently serious to affect the person in a manner similar to that of letter (a).”[18]  Oppression of people on the basis of their race, religion, or national origin qualifies as persecution under Italian law.[19]

B.  Regular Procedure for Requesting International Protection (Asylum)

1.  Submission of Asylum Requests

Asylum requests must be submitted to the border police or to the office of the respective questore (head of the provincial police) with jurisdiction according to the requester’s residence.[20]  Requesters must reveal all pertinent facts to the authorities[21] and must produce all necessary documentation.[22]  When unaccompanied minors are involved, these authorities must immediately inform the System for the Protection of Asylum Seekers and Refugees (Sistema di Protezione per Richiedenti Asilo e Rifugiati, SPRAR)[23] and the respective tribunal of minors for the adoption of appropriate measures.[24]

The competent questore of the territory issues a temporary residence permit valid until the conclusion of the recognition procedure.  The Ministry of the Interior may legally grant to persons who have obtained refugee status a basic subsistence stipend for a period not to exceed forty-five days.[25]  Refugees who lack their own means of subsistence or accommodations in Italy may receive assistance as well.[26]  Asylum requests may not be rejected for untimely submission.[27]

2.  The National Commission and the Territorial Commissions

The law creates the National Commission for the Right of Asylum (National Commission) and the Territorial Commissions for the Recognition of International Protection (Territorial Commissions).  The National Commission’s role is to guide and coordinate the Territorial Commissions, update their composition, and gather statistical information.[28]  The National Commission is composed of a police prefect, representative of the President of the Council of Ministers, career diplomat, representative of the Department for Civil Liberties and Immigration, and representative of the Department of Public Security.[29]  A delegate of the United Nations High Commissioner for Refugees (UNHCR) in Italy has a right to participate in the National Commission’s meetings.[30]

The Territorial Commissions’ role is to grant recognition of refugee status to a requester.  They are administratively placed within the respective police prefecture and operate in coordination with the Department for Civil Liberties and Immigration of the Ministry of Interior.[31]  They are composed of representatives of the national police and local authorities, and a UNHCR representative.[32]

3.  Procedural Steps

Within two days after receiving the requester’s documentation, the questore transfers it to the respective Territorial Commission, which must schedule a hearing to take place within thirty days.[33]  Whenever feasible, the hearing officer must be of the same gender as the requester.[34]  If necessary, the Territorial Commission uses interpreters during the hearing.[35]  A Territorial Commission may forgo setting up a hearing if there are sufficient grounds to accept the request for the recognition of refugee status, and when the public health authorities or an authorized physician certify the inability or impossibility of holding a hearing in person.[36]  A Territorial Commission may waive the requirement of a hearing with respect to requesters coming from certain specified countries.[37]  

Territorial Commissions must declare asylum requests inadmissible when the requester has already been recognized as a refugee by a state signatory of the Refugee Convention and may avail him/herself of such protection, and also when the requester has already filed an identical asylum request after the Commission has already made a decision, without stating new grounds concerning his/her personal situation or the situation of his/her country of origin.[38]

If the request is declared admissible for review, the respective Territorial Commission must make a decision recognizing refugee status or affording the requester the status of subsidiary protection.[39]  To make a decision, the Territorial Commission must consider the eventual consequences of repatriation in relation to Italy’s international treaty obligations, including those under the European Union Treaty on Human Rights.[40]  The respective Territorial Commission must make a decision whether to grant recognition of refugee status within three days.[41]  The Territorial Commission’s written decision is communicated to the requester jointly with information about his/her right to appeal the decision.[42]  Public security authorities must be informed of rejections.[43]

4.  Exclusions

The law prohibits the entry into the national territory of foreigners who attempt to petition for recognition of refugee status when the border police have determined that the requester

  • has already been recognized as a refugee in another country;
  • comes from a state other than his/her own that has adhered to the Refugee Convention, and in which he/she has resided for a period of time, excluding the time necessary for his/her transit from that territory to the Italian border;[44]
  • is suspected of committing a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
  • has committed a serious nonpolitical crime outside Italy prior to his/her admission to Italy as a refugee;
  • has been guilty of acts contrary to the purposes and principles of the UN;
  • has been convicted in Italy for a crime established in the Code of Criminal Procedure;[45]
  • is considered as dangerous for the security of the state; or
  • belongs to a mafia organization, an organization dedicated to narcotics trafficking, or to a terrorist organization.[46]

Refugee status is also denied on the basis of an individual evaluation when the legal grounds to claim such status are not met, there are well-founded reasons to believe that the foreigner constitutes a danger to the security of the state, or the foreigner constitutes a danger to public order and safety, after being convicted of certain crimes established in the Code of Criminal Procedure.[47]

Foreigners who for any reason cease to receive protection or assistance from a UN agency other than the UNHCR when their situation has not been definitively established are still able to obtain refugee status in Italy.[48]

Other grounds that result in cessation of refugee status in Italy are committing a crime against peace, a war crime, or a crime against humanity as defined by international law; committing outside Italy and before admission as an asylum requester a serious crime or acts that are particularly cruel, even if committed with a declared political goal, that may qualify as a serious crime; and being convicted of acts contrary to UN principles, as established in the UN Charter.[49]

5.  Detention of Asylum Requesters

Asylum requesters may not be detained solely because their asylum request is being reviewed.[50]  However, these persons may be detained exclusively for the time necessary to make a decision on their asylum application to verify or determine their nationality or identity when they are not in possession of travel or identity documents or when, upon arrival in the territory, they presented false documents; to obtain the documents upon which the request for asylum is based when such documents are not immediately available; and while the procedure to determine the recognition of the right to be admitted in the country is pending.[51]

Asylum requesters must be kept in detention if they have made their asylum request after being stopped for having evaded or attempting to evade the border control, when they are illegal residents, and while subject to an expulsion or rejection procedure.[52] 

Detained persons are kept in identification centers in accordance with domestic, UN, and European legislation.[53]  Access to detained persons is allowed with prior authorization from the Ministry of the Interior to UNHCR representatives and to lawyers and organizations devoted to the protection of refugees.[54]  Requesters are given a temporary residence permit for the duration of the proceedings.[55]

6.  Right of Appeal

Decisions of the National Commission and the Territorial Commissions concerning the admissibility of requests for refugee status are subject to judicial appeals.[56]  A decision rejecting the recognition of refugee status, ordering the expulsion of the requester, or rejecting or revoking a residence permit is subject to appeal before the respective regional administrative tribunal.[57]

The same right of appeal is granted to requesters who have petitioned for the recognition of refugee status and are granted only subsidiary protection instead.[58]

C.  Simplified Procedure Applicable to Asylum Requests

The law establishes a simplified procedure for the review of asylum requests submitted by requesters who are detained after evading or attempting to evade the border control police, or who are subject to an expulsion or rejection procedure.[59]  Such requesters are detained in an identification center, and the questore must submit all necessary documentation to the respective Territorial Commission within two days.[60]  The Territorial Commission must schedule a hearing within fifteen days after receipt of the documentation[61] and come to a decision on the request within three days.[62]  In the case of requesters subject to expulsion or rejection, the same procedure is followed, with the requesters being detained in the temporary identification center they are currently detained in until the proceedings have concluded, for up to thirty days.[63]  Unauthorized departure from identification centers amounts to renunciation of the request for recognition of refugee status.[64]

The Commission’s decision is subject to judicial appeal.[65]  The judicial appeal does not suspend the deportation process, however.  Requesters may still ask the police prefect to authorize them to remain in the national territory until the end of the judicial proceedings.[66]

D.  Cessation of Refugee Status

Refugee status ceases under Italian law when refugees voluntarily

  • avail themselves again of the protection of their country of citizenship;
  • have lost their citizenship and voluntarily reacquire it;
  • acquire Italian citizenship or another citizenship and enjoy the protection of their new country;
  • voluntarily reestablish themselves in the country that they left or to which they had not returned for fear of persecution;
  • may no longer renounce the protection of their country of citizenship, because they no longer comply with the requirements that had allowed for the recognition of refugee status; or
  • return to the country in which they had their habitual residence (if they are stateless persons), because they no longer comply with the requirements that had allowed for the recognition of the refugee status.[67]

The grounds stated in the last two points above do not apply when the refugees argue that there are overriding reasons arising from previous persecution of such nature that prompt them to reject the protection of their country of citizenship or, in the case of stateless persons, of the country in which they had their habitual residence.[68]  The change of circumstances may not be temporary and must be such as to eliminate the well-founded fear of persecution, and the serious humanitarian considerations that impede return to the country of origin must subsist.[69]  Cessation is declared on the basis of an individual evaluation of foreigners’ personal situations.[70]

Refugee status is subject to revocation by the Italian authorities when legal grounds to deny the status arise, facts have been presented erroneously or omitted by the requester, or false documentation has been produced.[71]

Refugees or foreigners admitted to subsidiary protection are subject to expulsion when they are considered a danger to state security, or to the public order or security after being convicted of a crime punishable by incarceration for four to ten years.[72]

Requesters who have obtained refugee status or subsidiary protection may expressly renounce their status.[73]  The law also provides for a program for the voluntary repatriation of persons receiving international protection benefits.[74]

E.  Handling of Refugees at the Border

Border police are empowered to reject the entry of foreigners who appear at border crossings without complying with the requirements established in the law for their lawful entry into Italian territory.[75]

The questore is authorized to reject refugee requests and order that requesters be escorted to the border when they have entered the national territory by evading border controls and were stopped at the border or immediately after.[76]  Foreigners who appear at the border crossing without complying with the legal requirements to enter the national territory but have nevertheless been temporarily admitted to the national territory out of need for “public assistance” may also be ordered expelled at the border.[77]  Smugglers who bring undocumented foreigners to the border must take them immediately under their charge and return the persons to their state of origin or to the state that issued the travel document possessed by the foreigners.[78]  These provisions do not apply to persons who request political asylum, or who petition for the recognition of their status as refugees or as beneficiaries of temporary protective measures for humanitarian reasons.[79]

Foreigners who are rejected at border crossing points are entitled to receive any assistance required to return to their places of origin.[80]

F.  Assistance Provided to Refugees

Italian law protects the family unity of those receiving refugee status and the status of subsidiary protection.[81]  Family members who are not entitled to the status of international protection enjoy the same rights afforded to their family member who enjoys such status.[82]  Family members of persons who are granted international protection status who are present in the national territory and are not individually entitled to that right may obtain a residence permit on the basis of “family reasons” as provided in the law.[83]  Family members who are or would be excluded from refugee status or subject to subsidiary protection status are not eligible to receive these benefits.[84]

Except in limited circumstances, refugees and protected persons may circulate freely in the national territory.[85]  The law aims at promoting appropriate initiatives that address the disadvantages refugees and protected persons face after losing the protection of their country of origin, and to remove all obstacles that impede full integration.[86]

G.  Treatment of Refugees

Refugees and persons receiving subsidiary protection have the right to the same treatment established for Italian citizens who work for others or are self-employed, and who register with professional entities.[87]  Refugees and persons receiving subsidiary protection may also access public-sector employment under the conditions and limitations established for European Union citizens.[88]  These persons also have access to the Italian general educational system and professional training.[89]  In order to obtain professional qualifications and revalidate professional degrees obtained abroad, refugees and protected persons must comply with legal requirements.[90]

Refugees and protected persons have the right to the same treatment afforded to Italian citizens in matters of social and health assistance,[91] including psychological treatment for previous torture and suffering experienced by them.[92]

H.  Residence Permits Granted to Refugees’ Family Members

Residence permits for family reasons, from which refugees may benefit, are granted to

  • foreigners who have entered the national territory with an entry visa for family reunification or for reunification with minor children;
  • foreigners regularly residing in Italy on other grounds for at least one year who have contracted marriages within the national territory with Italian or European Union citizens, or with foreign citizens residing regularly in the country;
  • foreign family members regularly residing in Italy who are in the process of complying with requirements for reunification with Italian or European citizens residing in Italy, or with foreigners regularly residing in Italy (in such cases, the family permit is transformed into a residence permit for family reasons); and
  • foreign (including natural) parents of Italian minors residing in Italy (in such a case the residence permit for family reasons is also granted regardless of the possession of a valid residence permit, provided that the requesting parent has not been deprived of parental rights according to Italian law.)[93]

I.  Monitoring of Refugees Within Italy

The law sets up a protection system for asylum requesters and refugees that pivots around local entities dedicated to the assistance of these persons.[94]  The Ministry of the Interior appropriates funds annually to this effect.[95]  To expedite the protection system for asylum requesters, refugees, and foreigners with humanitarian permits, and to facilitate the coordination of this protection system at the national level, the Ministry of the Interior was empowered to create SPRAR for the purpose of providing information to, promoting, consulting with, monitoring, and providing technical support to local entities that provide assistance to asylum requesters, refugees, and foreigners with humanitarian permits.  SPRAR is under the direct supervision of the National Association of Italian Municipalities.[96]

Among other functions, SPRAR’s duties include monitoring the whereabouts of asylum requesters, refugees, and foreigners with humanitarian permits in the country; creating a database concerning interventions at the local level for the benefit of these persons; and promoting repatriation programs in conjunction with the Ministry of Foreign Affairs.[97]

Italian authorities must inform the nearest diplomatic or consular representatives from a foreigner’s country of origin regarding the detainment of the foreigner or his/her expulsion from the national territory; or concerning the protection of a foreign minor, the death of the foreigner, or the foreigner’s urgent hospitalization.[98]  The authorities must deliver the documents and objects belonging to the foreigner to those representative offices.[99]  The aforementioned information is not provided in the case of a foreigner who has presented an asylum claim, or whose refugee status has been recognized, or in the case of a foreigner benefitting from temporary protection measures for humanitarian reasons.[100]

Residence permits granted to persons who hold refugee status are valid for five years and are renewable.[101]  Holders of subsidiary protection status are also granted residence permits, which allow them to work and study in Italy.[102]  While holding refugee status granted in Italy, foreigners may travel overseas after obtaining authorization from the police.[103]  When persons subject to subsidiary protection have reasonable grounds not to request a passport from the diplomatic authorities of their country of citizenship, Italian police authorities may grant them a travel authorization.[104]  Applications for all types of permits may be rejected or the permits withdrawn for serious reasons related to national security and the public order.[105]

J.  Unaccompanied Minors

Unaccompanied minors found in the national territory who request international protection may benefit from the services provided by local entities specializing in that type of assistance.[106]  Such minors are placed in the care of an adult family member who is a regular resident and present in Italy; if that is not possible, judicial authorities may adopt other measures aimed at protecting such minors.[107]  Absolute confidentiality is to be observed concerning the implementation of measures to ensure the safety of the minors and their relatives.[108]

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Prepared by Dante Figueroa
Senior Legal Information Analyst
March 2016



[1] G.A. Res. 217 (III) A, Universal Declaration of Human Rights (Dec. 10, 1948), http://www.un.org/en/universal-declaration-human-rights/index.html, archived at https://perma.cc/E4NE-H9WP.

[2] Convention and Protocol Relating to the Status of Refugees, July 28, 1951, 19 U.S.T. 6259, 189 U.N.T.S. 137 (Convention) & Jan. 31, 1967, 19 U.S.T. 6223, 606 U.N.T.S. 267 (Protocol), http://www.unhcr.org/3b66c2aa10. html, archived at http://perma.cc/V86S-GU6S.  The Convention was ratified in Italy by Law No. 722 of July 24, 1954, http://www.asgi.it/wp-content/uploads/public/legge.24.luglio.1954.n.722.pdf (in Italian), archived at https://perma.cc/6ULE-MX7V; the Protocol was ratified by Law No. 95 of February 14, 1970, Gazzetta Ufficiale della Repubblica Italiana [G.U.], http://www.gazzettaufficiale.it/eli/id/1970/03/28/070U0095/sg (in Italian), archived at https://perma.cc/N75G-MBRZ.

[3] Convention art. 33(1).

[4] Id. art. 33(2).

[5] Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community art. 63(1), Dec. 13, 2007, 2007 O.J. (C 306) 1, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C: 2007:306:FULL&from=EN, archived at http://perma.cc/45DW-Q6A5.

[6] Constitution of the Italian Republic (English version published by the Parliamentary Information, Archives and Publications Office of the Senate Service for Official Reports and Communication)art. 10 ¶ 3, http://www. senato.it/documenti/repository/istituzione/costituzione_inglese.pdf, archived at https://perma.cc/B6VQ-GVQ7.

[7] Decreto Legislativo 19 novembre 2007, n. 251 Attuazione della direttiva 2004/83/CE recante norme minime sull’attribuzione, a cittadini di Paesi terzi o apolidi, della qualifica del rifugiato o di persona altrimenti bisognosa di protezione internazionale, nonche’ norme minime sul contenuto della protezione riconosciuta [Legislative Decree No. 251 of November 19, 2007, Implementing Directive 2004/83/CE Concerning Minimum Provisions on the Attribution to Citizens of Third Countries or to Stateless Persons of the Qualification of the Refugee or of Persons Otherwise in Need of International Protection, as well as Minimum Provisions on the Content of the Protection Granted] (L.D. No. 251 of 2007) art. 2(1)(e), G.U., Jan. 4, 2008, n. 3, http://www.gazzettaufficiale.it/atto/serie_ generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2008-01-04&atto.codiceRedazionale= 007G0259&normativi=true&tipoVigenza=originario&tipoSerie=serie_generale&currentPage=1, archived at https://perma.cc/Z798-PJ4A.

[8] Id.

[9] Id. art. 2(1)(f).

[10] Id. art. 2(1)(g).

[11] Id. art. 2(1)(i); Decreto del Ministero dell’Interno del 7 agosto 2015 [Decree of the Ministry of the Interior of August 7, 2015] art. 1(1)(a), http://www.sprar.it/images/Bando_SPRAR_2016-2017.pdf, archived at https://perma. cc/CQ6L-2FQH.

[12] Decreto del Ministero dell’Interno del 7 agosto 2015, art. 1(1)(b).

[13] Id. art. 1(1)(e).

[14] L.D. No. 251 of 2007, art. 2(1)(m).

[15] Id. art. 6(1)(a) & (b).

[16] Id. art. 6(2).

[17] Id. art. 6(3).

[18] Id. art. 7(1).

[19] Id. art. 8(1).

[20] Decreto Legislativo 28 gennaio 2008, n. 25 Attuazione della direttiva 2005/85/CE recante norme minime per le procedure applicate negli Stati membri ai fini del riconoscimento e della revoca dello status di rifugiato [Legislative Decree No. 25 of January 28, 2008, Implementing Directive 2005/85/CE Concerning Minimum Provisions for the Procedure Applicable to Member States for Purposes of the Recognition and Revocation of the Status of Refugee] (L.D. No. 25 of 2008) art. 26(1), G.U. No. 40 (Feb. 16, 2008), http://www.gazzettaufficiale.it/atto/serie_generale/ caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2008-02-16&atto.codiceRedazionale=008G0044 &normativi=true&tipoVigenza=originario&tipoSerie=serie_generale&currentPage=1, archived at https://perma.cc/ SYM2-PT24.

[21] L.D. No. 251 of 2007, art. 13(1).

[22] Law No. 39 of 1990, art. 4(5). 

[23] Ministry of the Interior, System for the Protection of Asylum Seekers and Refugees – SPRAR, http://www.sprar.it/index.php?option=com_k2&view=itemlist&layout=category&task=category&id=19&Itemid=667 (last visited Feb. 1, 2016), archived at https://perma.cc/F8BE-Y4Q8.

[24] L.D. No. 25 of 2008, art. 26(6).

[25] Legge 28 febbraio 1990, n. 39 Conversione in legge, con modificazioni, del decreto-legge 30 dicembre 1989, n. 416, recante norme urgenti in materia di asilo politico, di ingresso e soggiorno dei cittadini extracomunitari e di regolarizzazione dei cittadini extracomunitari ed apolidi gia’ presenti nel territorio dello Stato. Disposizioni in materia di asilo [Law No. 39 of February 28, 1990, Conversion into Law, with Amendments, of Decree-Law No. 416 of December 30, 1989, Concerning Urgent Provisions on Political Asylum, Entry and Residence of Extracommunity Citizens and for the Regularization of Extracommunity Citizens and Stateless Persons Already Present in the Territory of the State. Provisions Concerning Asylum] (Law No. 39 of 1990) art. 4(7), G.U. No. 49 (Feb. 28, 1990), http://www.gazzettaufficiale.it/eli/id/1990/03/21/090A1329/sg, archived at https://perma.cc/JWY4-AYFT

[26] Id. 

[27] L.D. No. 25 of 2008, art. 8(1).

[28] Legge 30 luglio 2002, n. 189 Modifica alla normativa in materia di immigrazione e di asilo [Law No. 189 of July 30, 2002 Amending Provisions Related to Immigration and Asylum] (Law No. 189 of 2002) art. 1-quinquies(1), G.U. No. 199 (Aug. 26, 2002), http://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario ?atto.dataPubblicazioneGazzetta=2002-08-26&atto.codiceRedazionale=002G0219&normativi=true&tipoVigenza= originario&tipoSerie=serie_generale&currentPage=1, archived at https://perma.cc/9GRF-J48B.

[29] Id.

[30] Id.

[31] L.D. No. 25 of 2008, art. 4(1).

[32] Law No. 189 of 2002, art. 1-quater(1).

[33] Id. art. 1-quater(2); L.D. No. 25 of 2008, art. 12(1).

[34] L.D. No. 25 of 2008, art. 12(1-bis).

[35] Law No. 189 of 2002, art. 1-quater(3).

[36] L.D. No. 25 of 2008, art. 12(2).

[37] Id. art. 12(2-bis).

[38] Id. art. 29(1)(a) & (b).

[39] Id. art. 32(1)(a).

[40] Law No. 189 of 2002, art. 1-quater(4).

[41] Id. art. 1-quater(2).

[42] Id. art. 1-quater(3).

[43] Decreto Legislativo 25 luglio 1998, n. 286 Testo unico delle disposizioni concernenti la disciplina dell’immigrazione e norme sulla condizione dello straniero [Legislative Decree No. 286 of July 25, 1998, Consolidated Text of the Provisions Concerning the Discipline of Immigration and Provisions on the Conditions of Foreigners] (L.D. No. 286 of 1998) art. 10(6), G.U. No. 191 (Aug. 18, 1998), http://www.gazzettaufficiale.it/atto/ serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=1998-08-18&atto.codiceRedazionale =098G0348&normativi=true&tipoVigenza=originario&tipoSerie=serie_generale &currentPage=1, archived at https://perma.cc/K8L9-ESAZ.

[44] Law No. 39 of 1990 art. 1(4).

[45] Codice Procedura Penale [Code of Criminal Procedure] art. 380 ¶¶ 1 & 2, available at http://www.altalex. com/documents/codici-altalex/2014/10/30/codice-di-procedura-penale, archived at https://perma.cc/TU8U-6T9M.

[46] Law No. 39 of 1990, art. 1(4).

[47] L.D. No. 251 of 2007, art. 12(1).

[48] Id. art. 10(1).

[49] Id. art. 10(2).

[50] Law No. 189 of 2002) art. 32(1) (amending art. 1-bis of D.L. No. 416 of 1989).

[51] Id.

[52] Id. art. 32(2).

[53] Id. art. 32(3).

[54] Id. art. 32(4).

[55] Id. art. 32(5).

[56] Law No. 39 of 1990, art. 4(6); L.D. No. 25 of 2008, art. 35(1). 

[57] Id. art. 5(2) & (3). 

[58] L.D. No. 25 of 2008, art. 35(1).

[59] D.L. No. 416 of 1989, art. 1-ter(1), as amended by Law No. 189 of 2002.

[60] L.D. No. 25 of 2008 art. 4(1).

[61] Id.

[62] D.L. No. 416 of 1989, art. 1-ter(2), as amended by Law No. 189 of 2002.

[63] Id. art. 1-ter(3).

[64] Id. art. 1-ter(4).

[65] Id. art. 1-ter(6).

[66] Id.

[67] L.D. No. 251 of 2007, art. 9(1).

[68] Id. art. 9(2-bis).

[69] Id. art. 9(2).

[70] Id. art. 9(3).

[71] Id. art. 13(1)(a) & (b).

[72] Id. art. 20(1)(a) & (b).

[73] L.D. No. 25 of 2008, art. 34(1).

[74] L.D. No. 251 of 2007, art. 30(1).

[75] L.D. 286 of 1998, art. 10(1).  See also Part II(B)(1), above.

[76] Id art. 10(2)(a) & (b).

[77] Id.

[78] Id. art. 10(3).

[79] Id. art. 10(4).

[80] Id. art. 10(5).

[81] L.D. No. 251 of 2007, art. 22(1).

[82] Id. art. 22(2).

[83] Id. art. 22(3).

[84] Id. art. 22(5).

[85] Id. art. 29(1).

[86] Id. art. 29(3).

[87] L.D. No. 251 of 2007, art. 25(1).

[88] Id. art. 25(2).

[89] Id. art. 26(2).

[90] Id. art. 26(3-bis).

[91] Id. art. 27(1).

[92] Id. art. 27(1-bis).

[93] L.D. No. 286 of 1998, art. 30(1).

[94] Law No. 189 of 2002, art. 1-sexies(1).

[95] Id. art. 1-sexies(2).

[96] Id. art. 1-sexies(4); Associazione Nazionale Comuni Italiane [National Association of Italian Municipalities], http://www.internazionali.anci.it, archived at https://perma.cc/S3C2-UC8E.

[97] Law No. 189 of 2002, art. 1-sexies(5)(a), (b) & (e).

[98] L.D. No. 286 of 1998, art. 2(7).

[99] Id. art. 2(7).

[100] Id.

[101] L.D. No. 251 of 2007, art. 23(1).

[102] Id. art. 23(2).

[103] Id. art. 24(1).

[104] Id. art. 24(2).

[105] Id. art. 24(3).

[106] Id. art. 28(1).

[107] Id. art. 28(2).

[108] Id. art. 28(3).