Country Update 2022: ITALY

Contributed by: Ettore Berretta

May 2022

1. Legislative Changes:

FLOW DECREES (Decreto Flussi) On May 10, 2022, the Presidency of the Council activated the consultation with the administrations concerned for the law on the new 2022 flow decree. This would be the second flow decree of 2022 which, a few months after the previous one, would cover the shortage of workers in the various sectors: Agriculture, Tourism-hotel and Construction. In fact, in Italy there is a lack of labour, especially seasonal, so more workers are needed who must be welcomed in Italy and this is why a new 2022 flow decree is necessary. After the first 2021/2022 flow decree of last December which established a quota of 69,700 entries of non-EU workers in Italy, a second one will soon arrive (Flow decree-bis).

For the worker, the obligation - foreseen by the Bossi-Fini law on immigration - to be in the country of origin at the time of the call is still in force, which means that those who already work in Italy in order to be hired on a fixed-term basis must first to return home. It is not certain that other entries will not be possible soon. Mario Draghi himself did not rule out a new intervention: "There will be another flow decree next year, perhaps before," announced Mr Draghi. With the amendment of the Salvini “safety” decrees, the possibility was added for the government to update the number of entries for seasonal workers during the same year through the launch of a new flow decree.

ASYLUM SEEKERS, EXPULSIONS. It was specified that "the ban on expulsion and refoulement in the event that the repatriation entails the risk of torture for the person concerned" remains in force. But with the Lamorgese decree, no. 130/2020, a new hypothesis is introduced: "the risk of being subjected to inhuman or degrading treatment". A new type of ban on expulsion was introduced which follows the risk of violation of the right to respect for one's private and family life ”. In these situations "the issuing of a residence permit for special protection is envisaged, subject to the opinion of the Territorial Commission for the recognition of international protection".

Another not secondary aspect, migrants seeking asylum will again be able to request registration in the registry office: the Salvini decrees excluded them.

UKRANIAN ISSUE. By Decree of the President of the Council of Ministers of 28 March 2022, Italy has implemented the Decision of the Council of the European Union no. 2022/382 of 4 March 2022, regarding a massive influx of displaced persons from Ukraine pursuant to Article 5 of Directive 2001/55 / EC, introducing temporary protection in favor of certain categories of people.

The Home Office Department (Questura) of the place where the person is domiciled issues applicants with a residence permit for temporary protection lasting one year. If the temporary protection does not cease as a result of a decision adopted by the Council of the European Union pursuant to art. 6, paragraph 1, letter b) of Directive 2001/55 / EC, the residence permit can be automatically extended by six months every six months for a maximum period of one year. The residence permit referred to in this paragraph loses its effectiveness and is revoked, even before its expiry, as a result of the adoption by the Council of the European Union of the aforementioned decision to terminate temporary protection.

The residence permit, allows the holder access to assistance provided in Italy by the National Health Service, to the labour market and to study. The assistance measures envisaged consist also of an economic contribution: the Civil Protection Home Office Department is entrusted with the procedure for the direct contribution to Ukrainians of 300 euros per month (plus 150 euros for each minor), usable for three months, possibly renewable – not clear at the moment what possibly means; we can think of the persistence or even the worsening of the situation.

Ukrainian doctors, health professionals and OSS will be able to practice freely in Italy from 22 March 2022 until 4 March 2023. The derogation was introduced by the Energy Decree ("Ukraine Decree bis") which allows, on an exceptional basis, the temporary exercise on the national territory of professional health qualifications to Ukrainian citizens fleeing the war. The legal provision is aimed at doctors; health professionals; social-health workers. These figures must be Ukrainian citizens residing in Ukraine since before 24 February 2022 and in possession of the qualifications required in their country of origin and a qualification obtained abroad, governed by specific directives of the European Union.