The right of foreigners in Italy

TEXTS BASIC REGULATIONS IN  FOREIGN, IMMIGRATION, ASYLUM, CITIZENSHIP, DISCRIMINATION

STATE SUPERPRIMARIES STANDARDS

Constitution of the Italian Republic

Constitutional Law 21 June 1967, n. 1 Extradition for crimes of genocide (asylum right, human rights)

SUPERPRIMATE RULES ARISING

FROM INTERNATIONAL OBLIGATIONS

Convention on refugee status signed in Geneva on July 28, 1951, ratified and enforced by law July 24, 1954, n. 722 (right of asylum)
Protocol relating to the status of refugee, adopted in New York on January 31, 1967, ratified and enforced by law dated February 14th 1970, n. 95 (right to asylum)
International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature in New York on March 7, 1966, by law October 13, 1975, n. 654 ratification authorization (discrimination, human rights)
European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, ratified and enforced by law of 4 August 1955 n. 848; text coordinated with the amendments referred to in Protocol No. 11 signed in Strasbourg on 11 May 1994, ratified and enforced by law dated 28 August 1997, no. 296, and from the Protocol n. 14, made in Strasbourg on May 13, 2004, ratified and enforced by law December 15, 2005, n. 280 (human rights, foreign)
Additional protocol to the European Convention on Human Rights, done in Paris on March 20, 1952, ratified and enforced by law August 4, 1955, n. 848 (human rights, foreigners)

Protocol n. 4 to the European Convention on Human Rights, which recognizes certain rights and freedoms beyond those already contained in the Convention and in the Additional Protocol to the Convention, made in Strasbourg on September 16, 1963, ratified and enforced by Presidential Decree April 14, 1982, n. 217 (human rights, foreigners)
Protocol n. 6 to the European Convention on Human Rights, concerning the abolition of the death penalty, made in Strasbourg on 28 April 1983, ratified and enforced by law of 2 January 1989, n. 8 (human rights, foreigners)
Protocol n. 7 to the European Convention on Human Rights, done in Strasbourg on 22 November 1984, ratified and enforced by law of 9 April 1990, n. 98 (human rights, foreigners)
European Convention on Extradition, signed in Paris on December 13, 1957, ratified and enforced by law January 30, 1963, n. 300) (human rights, foreign)
Agreement on the application by the member states of the European Communities of the Council of Europe Convention on the transfer of sentenced persons, signed in Brussels on 25 May 1987, ratified and enforced by law of 27 December 1988 , n. 565 (human rights, foreigners)
ILO Convention n. 143 of 24 June 1975, on migrations in abusive conditions and on the promotion of equal opportunities and treatment of migrant workers, ratified and enforced by law 10 April 1981, n. 158 (foreigners, civil rights)
Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders (ratified and enforced by Law No 388
of 30 September 1993) Convention implementing the Schengen Agreement of 14 June 1985 between the governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at the common borders (ratified and enforced by the Law of 30 September 1993, No. 388)
Convention against Torture and Other Cruel Penalties or Treatment , inhuman or degrading, signed in New York on December 10, 1984, ratified and enforced by law November 3, 1988, n. 498
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with Annex, adopted in Strasbourg on November 26, 1987, ratified and enforced by law January 2, 1989, n. 7
Council of Europe Convention on the Fight against Trafficking in Human Beings, signed in Warsaw on 16 May 2005, ratified and enforced by law of 2 July 2010, n. 108
Convention relating to the status of stateless persons, adopted in New York on September 28, 1954, ratified and enforced by law February 1, 1962, n. 306 (stateless)

SUPERPRIMATE RULES ARISING FROM THE CONSTRAINTS ARISING FROM THE COMMUNITY AGREEMENT

A) TREATY TREATIES OF THE EUROPEAN UNION

Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, ratified and enforced by law dated 2 August 2008, no. 130
Treaty on European Union, as amended by the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
Treaty on the Functioning of the European Union, as amended by the Treaty of Lisbon amending the Treaty on European Union European Union and the Treaty establishing the European Community
Protocol (No 23) on external relations of Member States concerning the crossing of external borders
Protocol (No 24) on asylum for nationals of Member States of the European Union

B) RULES OF THE EUROPEAN UNION DERIVERIES

Directive 2001/55 / EC of 20 July 2001 on the minimum standards for granting temporary protection in the event of mass influxes of displaced persons and on the promotion of the balance of effort between Member States that receive displaced persons and suffer the consequences of their reception (asylum).
Regulation (EC) no. 343/2003 of the Council of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (right) asylum)
Directive 2003/9 / EC of the Council of the European Union of 27 January 2003 laying down minimum standards for the reception of asylum seekers in the Member States (asylum right) Council
Directive 2004/83 / EC of 29 April 2004 laying down minimum allocation of third-country nationals or stateless persons to the status of refugees or persons otherwise in need of international protection, as well as minimum standards on the content of recognized protection (asylum right)
Council Decision of 28 September 2000 establishing a European Refugee Fund (2000/596 / EC) (right to asylum)
Council Directive 2005/85 / EC of 1 December 2005 laying down minimum standards for procedures applied in the Member States for the purpose of recognition and withdrawal of refugee status (right of asylum)
Regulation (EC) No 2725/2000 of the Council of 11 December 2000 establishing “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (asylum right)
Regulation (EC) no. 407/2002 of the Council of 28 February 2002 which defines certain methods of application of Regulation (EC) 2725/2000 establishing “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (right to asylum)
Directive 2004/38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (non-EU foreigners)
Directive 93/109 / EC of the Council of 6 December 1993 on the procedures for the exercise of the right to vote and to stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals. (EU citizens, political rights)
Council Directive 94/80 / EC of 19 December 1994 laying down the procedures for the exercise of the right to vote and eligibility in municipal elections for Union citizens residing in a Member State of which they do not have citizenship (EU citizens) ;
political rights) Council Regulation (EC) No. 1683/95 of 29 May 1995 establishing a uniform format for visas (and subsequent amendments and additions) (non-EU foreigners) Council
Regulation (EC) no. 562/2006 of the European Parliament and of the Council of 15 March 2006 Community code concerning the regime for the crossing of borders by persons (Schengen borders code) (and subsequent amendments and additions) (foreigners from outside the European Union)
Regulation (EC) n. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (non-EU foreigners) Council
Regulation (EC) no. 767/2008 of the European Parliament and of the Council of 9 July 2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (non-EU foreigners)
Regulation (EC) ) 13 June 2002, n. 1030/2002 establishing a uniform format for residence permits issued to third-country nationals (and subsequent amendments and additions) (non-EU foreigners)
Regulation (EC) March 15, 2001, n. 539/2001 on the list of third countries whose nationals must be in possession of a visa when crossing the European borders and the list of third countries whose citizens are exempt from this obligation (and subsequent amendments and additions) (non-EU foreigners) Council
Directive 2001/40 / EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals (non-EU foreigners) Council
Directive 2003/110 / EC of 25 November 2003, concerning assistance during transit in the context of deportation orders by air (non-EU foreigners)
Directive November 25, 2003, n. 2003/109 / EC on the status of third-country nationals who are long-term residents (non-EU foreigners)
Directive 29 April 2004, n. 2004/81 of the Council on the visitor’s title-no / EC issued to third-country nationals victims of trafficking in human beings or who have illegal immigration, an action to the competent authorities (non-EU foreigners)
Directive September 22, 2003, n. 2003/86 / EC on the right to family reunification (non-EU foreigners)
Council Directive 2005/71 / EC of 12 October 2005 on a specific procedure for admitting third-country nationals for purposes of scientific research (non-EU foreigners) Council
Directive 2004/114 / EC of 13 December 2004 on the conditions for admission of third-country nationals for the purposes of study, pupil exchange, unpaid internship or voluntary service (non-EU foreigners)
Directive 2008/115 / EC of the European Parliament and of the Council of 16 December 2008 laying down rules and procedures common in the Member States for the repatriation of third-country nationals whose stay is irregular (non-EU foreigners)
Council Directive 2000/43 / EC of 29 June 2000 on the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin (discrimination)
Council Framework Decision 2002/584 / JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
Regulation (EC) 26 October 2004, no. 2007/2004 of the Council establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
Regulation (EC) 19 February 2004, n. 377/2004 Regulation on the creation of a network of immigration liaison officers
Regulation (EC) n. 491/2004 of the European Parliament and of the Council of 10 March 2004 establishing a program of financial and technical assistance to third countries on migration and asylum (AENEAS)

Council Directive 2009/50 / EC of 25 May 2009 on the conditions of entry and residence of third-country nationals intending to carry out highly qualified jobs (non-EU foreigners)
Directive 2009/52 / EC of the European Parliament and of the Council of 18 June 2009, which introduces minimum rules on penalties and measures against employers who employ third-country nationals whose stay is irregular (foreigners outside the EU)

STATIC PRIMARY RULES

Legislative Decree 25 July 1998, n. 286 Consolidated text of the provisions concerning the regulation of immigration and rules on the condition of the foreigner (and subsequent amendments and additions, including sentences of constitutional illegitimacy) (foreigners from outside the EU)
Law of 28 May 2007, no. 68 Rules governing short stays of foreigners for visits, business, tourism and study (non-EU foreigners)
Decree Law of 27 July 2005, no. 144, converted with amendments in the Law of 31 July 2005, n. 155 Urgent measures for the fight against international terrorism: arts. 2 and 3 (and subsequent modifications) (non-EU foreigners)
Article. 1 of the Decree of 30 December 1989, n. 416, converted with amendments in the Law of 28 February 1990, n. 39 (and subsequent amendments and additions, including those introduced by Law No. 189/2002 not repealed: Article 1 sexies and Article 1 septies), Urgent rules on asylum, entry and stay of non-EU citizens and regularization of non-EU citizens and stateless persons (asylum law)
Legislative Decree April 7, 2003, n. 85, Implementation of Directive 2001/55 / ​​EC on the granting of temporary protection in the event of mass influxes of displaced persons and cooperation in the Community (asylum right)
Legislative Decree 30 May 2005, n. 140, Implementation of Directive 2003/9 / EC establishing minimum standards for the reception of asylum seekers in the Member States (right to asylum)
Legislative Decree 19 November 2007, n. 251, Implementation of Directive 2004/83 / EC laying down minimum rules on the assignment, to third-country nationals or stateless persons, of the status of refugee or of a person otherwise in need of international protection, as well as minimum standards on the content of the recognized protection asylum)
Legislative Decree 28 January 2008, n. 25 (and subsequent amendments), Implementation of Directive 2005/85 / EC laying down minimum standards for procedures applied in the Member States for the purpose of recognition and withdrawal of refugee status (right to asylum)
Legislative Decree 10 January 2005, n. 12 Implementation of Directive 2001/40 / EC on the mutual recognition of decisions to remove third-country nationals (non-EU foreigners)
Legislative Decree 25 January 2007, n. 24, Implementation of the directive 2003/110 / CE, relative to the assistance during the transit in the context of expulsion measures by air (foreign non-EU)
Legislative Decree February 6th 2007, n. 30, implementing Directive 2004/38 / EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (and subsequent amendments and additions) (EU citizens)
Legislative Decree 12 April 1996, n. 197 implementing Directive 94/80 concerning the manner of exercising the right to vote and stand in local elections for citizens of the Union residing in a Member State of which they are not nationals (EU citizens Political Rights)
Decree Law of 24 June 1994, n. 408, converted by the law 3 August 1994, n. 483, which implements the Directive 93/109 of the Council of the European Union of 6 December 1993 related to the modalities for the exercise of the right to vote and eligibility to the elections of the European Parliament for citizens of the Union who reside in a Member State of which they are not citizens. (EU citizens, political rights)
Law of 5 February 1992, n. 91 New rules on citizenship (and subsequent amendments and additions), (citizenship)
Law of 14 December 2000, n. 379 Provisions for the recognition of Italian citizenship to persons born and already residing in the territories belonging to the Austro-Hungarian Empire and their descendants (citizenship)
Decree – Law 26 April 1993, n. 122 Urgent measures in the field of racial and ethnic religious discrimination, converted with amendments in the Law of 25 June 1993, n. 205 (discrimination)
Legislative Decree 9 July 2003, n. 215 Implementation of Directive 2000/43 / EC on equal treatment between persons irrespective of racial or ethnic origin (discrimination)
Criminal Code (Extracts)
Code of criminal procedure (Excerpts)
Civil code (Excerpts)
Code of the road

Law 31 May 1995, n. 218 Reform of the Italian system of private international law
Law 11 August 2003, n. 228 Measures against trafficking in persons
Law 22 April 2005, n. 69 Provisions for the alignment of domestic law with Council Framework Decision 2002/584 / JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

SECONDARY STATE STANDARDS

A) GOVERNMENT REGULATIONS

DPR 31st August 1999, n. 394 Regulation on the implementation of the single text of the provisions concerning immigration regulations and rules on the condition of foreigners, in accordance with Article 1, paragraph 6, of Legislative Decree 25 July 1998, n. 286 (and subsequent amendments and additions introduced with the regulation approved by DPR 18.10.2004, No. 334, (non-EU foreigners)
Presidential Decree September 14, 2011, No. 179 (and subsequent amendments and additions), Regulation concerning the regulation of the integration agreement between the foreigner and the State pursuant to Article 4-bis, paragraph 2, of the Consolidated Law on Immigration Regulations and Rules on the Status of the Foreigner, as per Legislative Decree 25 July 1998, No. 286
Presidential Decree July 27, 2004, n. 242 Regulations for the rationalization and interconnection of communications between Public Administrations in the field of immigration (foreigners from outside the EU)
Presidential Decree May 14, 2007, n. 102 Regulations for the reorganization of the commission for the implementation of Article 18 of the Consolidation Act on Immigration, operating in the Department for Rights and Equal Opportunities, pursuant to Article 29 of Decree Law 4 July 2006, n. 223, converted, with modifications, by law 4 August 2006, n. 248 (foreigners from outside the EU)
Presidential Decree 12 October 1993, n. 572 Regulations for the implementation of the law of 5 February 1992, n. 91, laying down new rules on citizenship (citizenship)
Presidential Decree April 18, 1994, n. 362 (and subsequent amendments and additions), Regulation governing the procedures for the acquisition of Italian citizenship (citizenship)

B) MINISTERIAL REGULATIONS

DPCM 7 February 1994, n. 174. Regulation laying down rules on access by nationals of Member States of the European Union to jobs in public administrations. (EU citizens)
DPCM December 9th 1999, n. 535. Regulation concerning the tasks of the Committee for foreign minors, in accordance with article 33, paragraphs 2 and 2 bis, of Legislative Decree 25 July 1998, n. 286 (and subsequent modifications) (foreigners from outside the EU)

C) DECREEES AND MINISTERIAL AND INTERMINISTERIAL DIRECTIVES

Ministerial Decree of the Interior 23 February 2008 Approval of the forms for the needs of the Single Desk for Immigration. (non-EU foreigners)
Directive of the Minister of the Interior March 1, 2000 Definition of the means of subsistence for the entry and stay of foreigners in the territory of the State (foreign non-EU)
Decree of the Minister of Foreign Affairs May 11, 2011 – Definition of types of visas entry and requirements for obtaining them (foreigners from outside the EU)
Decree of the Minister of the Interior 26 July 2007 Procedure for submitting the declaration of presence made by foreigners for short-term stays for visits, business, tourism and study as per law 28 May 2007, n. 68. (non-EU foreigners)
Decree of the Minister of the Interior 4 June 2010 – Procedure for conducting the test of knowledge of the Italian language, provided for in Article 9 of the Legislative Decree of 25 July 1998, n. 286, introduced by article 1, paragraph 22, letter i) of the law n. 94/2009 (non-EU foreigners)
Decree of the Ministry of the Interior September 28, 2009 – Technical and security rules relating to the permit and residence permit (non-EU foreigners)
Directive of the Minister of the Interior and of the Minister of Justice December 7, 2006 Directive on foreign minors asylum seekers (asylum right)
Decree of the Minister for equal opportunities 23 November 1999 Indication of criteria and methods preordained for the selection of assistance programs and social integration disciplined by art. 18 of the single text of the provisions concerning the regulation of immigration and rules on the condition of the foreigner. (non-EU foreigners)

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