The regulation

The House of Commons has given the green light to the voluntary repatriation decree: it is now law. Here’s what’s changing

The Chamber of Deputies has approved the Repatriation Decree. The provision on fees for lawyers representing foreign nationals participating in assisted voluntary repatriation programmes has been amended

by Pietro Menzani

16 June 2026

2' min read

Translated by AI

Versione italiana

2' min read

Translated by AI

Versione italiana

The Chamber of Deputies has given the green light to the decree on assisted voluntary repatriation, which had already been approved at first reading by the Senate without any amendments. The ‘Security Decree-bis’ or ‘Repatriation Decree’ amends a previous decree-law which, following discussions with the Quirinale regarding the constitutionality of its provisions, had been deemed necessary to amend.

The main aim was to amend the provision contained in the first measure, which provided for an incentive for lawyers representing foreign nationals who had voluntarily agreed to the repatriation procedure.

The incentive scheme for lawyers

The original measure, in fact, introduced a payment of 615 euros – to be paid once repatriation had taken place – for the legal representatives of those who had taken part in an assisted voluntary repatriation programme. The decree also referred to cooperation with the National Bar Council (CNF).

It was the CNF itself that had strongly criticised the provision. Indeed, in the text of the Security Decree-bis, all references to the National Bar Council have been removed from the list of bodies authorised to collaborate with the Ministry of the Interior on the implementation of repatriation plans.

Furthermore, in the new text, the payment provided as an incentive for voluntary repatriation – which remains at around 615 euros, equivalent to the financial contribution for immediate needs – is allocated to the ‘authorised representative who has assisted the foreign national in submitting an application to participate in an assisted voluntary return programme’ rather than to the ‘authorised legal representative’ as provided for in the original Decree-Law.

Payment of remuneration

Another change contained in the amending decree concerns the timing of the payment of the €615. Under the amending decree, the payment is no longer due upon ‘the foreign national’s departure’ – and is therefore contingent on the successful completion of the case – but rather upon ‘the conclusion of the proceedings’.

And it will be the Ministry of the Interior – which the new decree-law requires it to issue a ministerial decree within 60 days of the corrective measure coming into force – that will identify the personnel responsible for providing assistance and the criteria for the payment of remuneration. In essence, as explained in the background document on the measure, ‘the provision stipulating that the foreign national’s actual departure is a condition for the payment of compensation has been removed’.

Costs

The text of the amendment also provides for an increase in expenditure. The allocated amount – given the wider scope of beneficiaries now that payment no longer depends on the outcome of the procedure – rises to 1.4 million euros for the three-year period 2026–2028.

Specifically, the costs arising from the measures contained in the decree are estimated at 281,055 euros for 2026 and at 561,495 euros for each of the years 2027 and 2028. Compared with the original Decree-Law, this therefore represents an increase of approximately €35,000 for the current year and approximately €140,000 for the two-year period 2027–2028.