Annex B. National legislative framework for Migration and Asylum


L. 943/1986 Foschi law


L.39/1990 Martelli law, which norms the right of asylum


L.91/1992 Law on citizenship


L.205/1993 Mancino law against discrimination for racial or ethnic reasons; Law proposal of the Contri commission on regularization, to review the Martelli law


L. 563/1995 Puglia law to tackle illegal migration; L.489/1995 Dini decree, introducing a new amnesty for irregular migrant, and new norms on expulsions of illegal migrants


L.40/1998 Turco-Napolitano law, that became Testo Unico sull’Immigrazione DLgs. 246-1998, establishing the main guidelines for public policy on migration in Italy, in terms of programming migratory flows, tackling illegal immigration, promoting a wide series of rights for the integration of regular migrants. It established a national fund for immigrants integration, and gives to local administrations (regions, municipalities) crucial roles for immigrants integration. For instance this law established (art 43) that foreign citizens with a permit of stay of at least two years with a regular work could access on the same conditions as Italian citizens public housing and mediation services offered by social agencies.


L.189/2002 Bossi-Fini Law, it is a partial revision of the Turco-Napolitano especially for what concerns the opposition to illegal immigration. Major innovations are: measures which limit the possibilities of entrance in Italy, fusion of the national funds for migration with the one of social policy, criminalization of illegal migrants and introduction of Centres for identification and expulsion (CIE). It introduced a new amnesty for irregular migrants working in caregiving.


Law-design Amato-Ferrero to introduce the principle of citizenship for ius solis. It never became law


L.125/2008 and L.94/2009, Maroni security package. Introduction of the Integration Agreement. Signed between the migrant and the Italian State it foresees bilateral engagements and it establishes the condition for renovating the residence permit.


Series of decrees aimed at modifying existing normative to include in the Italian regulative system some important european dispositions (e.g. 2009/50/CE and 2009/52/CE)


DL. 13/2017, Minniti decree on international protection and contrast to illegal immigration. It introduces measures for speeding up the administrative and jurisdictional procedures in terms of international protection and it introduces measures to ease the operation of identification of extra-EU migrants and to fight illegal immigration.

Law proposal ‘Ius Soli’: the Italian Parliament rejected a law proposal, which would have allowed children born in Italy to non-Italians who have long-term residency permits, or who arrive before their 12th birthdays and spend at least five years in formal education, to obtain a passport.


D.L 113/2018 art. 1 the “Security decree” (Decreto sicurezza) introduced several changes to the asylum legislative framework, among others it revoked the possibility to issue termporary permits (two years) based on humanitarian reasons.

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