The Government's measures

The EU Pact on Migration is now in force, with the new 72-hour detention period coming into effect

A residence requirement of up to 12 weeks has also been introduced

by Giovanni Negri

 Artur Grom - stock.adobe.com

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

In force from Friday 12 June, the European Union Pact on Migration and Asylum. And the Government has defined, through a decree-law approved last week by the Council of Ministers and published on 12 June in the Official Gazette (with entry into force on the same day), the framework of regulatory changes necessary to bring our legal system into line.

The categories concerned

The new regulations on asylum applications is central, particularly for three categories of migrants: those who pose a risk to national security, those who have lied or presented false documents regarding their identity, and those from countries where the acceptance rate for applications is below 20 per cent.

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Work stoppage

The text sets out the procedures for expressing an intention to seek international protection, registering such an intention, and formalising the application for international protection, as well as the documents issued to the applicant. It also addresses the issue of access to work for applicants for international protection, extending to 90 days the period during which they are prohibited from working.

Revised procedure

Changes have also been made to the rules governing an applicant’s right to remain in Italia, the asylum procedure at the border, the transfer of applicants subject to the procedure, the criteria for determining the unfounded nature of an application, and disputes concerning the granting of international protection under the border procedure.

72-hour suspension

The measure also includes a 72-hour administrative detention for investigative purposes, with notification to the public prosecutor, validation by the justice of the peace, and specific safeguards for minors.

Residence requirement

The decree also introduces provisions concerning the obligation to reside in a specific location near the border, as ordered by the prefect for a maximum of 12 weeks, as well as provisions on appeals, the assessment of the risk of absconding, alternative measures to detention, and the rules governing the detention of asylum seekers.

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