Italy is bound by the recast Asylum Procedures Directive, the recast Reception Conditions Directive and the Dublin III Regulation and has transposed their provisions through the Legislative Decree no. 25/2008 for Implementation of Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status, as amended by Decree Law No 145/2024 and prior amendments, and through Legislative Decree No 142/2015, Implementation of Directive 2013/33/EU laying down standards for the reception of applicants for international protection and of Directive 2013/32/EU on common procedures for granting and withdrawing international protection. | Decreto Legislativo 18 Agosto 2015, n. 142, Attuazione della direttiva 2013/33/UE recante norme relative al'accoglienza dei richiedenti protezione internazionale, nonché della direttiva 2013/32/UE, recante procedure comuni ai fini del riconoscimento e della revoca dello status di protezione internazionale

• Legislative Decree no. 25/2008 for Implementation of Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status, as amended by Decree Law No 145/2024 and prior amendments
• The Decree of the President of the Republic 30 May 2002, n. 115
   

Legal information, counselling and assistance can be provided by representatives of civil society organisations.

The applicant must be provided information about their rights and obligations, including legal and procedural information as well as the address and telephone number of the UNHCR and of the main organisations for the protection of applicants for international protection pursuant to Article 10 (2)(a-d) of the Legislative Decree no. 25/2008. Paragraph 2bis of Article 10 of the Legislative Decree no. 25/2008 provides that in order to guarantee the applicant a free information service on the application examination procedure by the Territorial Commissions, as well as on the revocation procedures and the methods of challenging decisions in court, the Ministry of the Interior stipulates specific agreements with the UNHCR or with bodies for the protection of holders of international protection with consolidated experience in the sector, also to integrate the information services provided by the manager in the reception facilities provided for by this decree.

Article 10 (3) of the Legislative Decree no. 25/2008 stipulates that the applicant shall be guaranteed, at every stage of the procedure, the opportunity to contact UNHCR or another organisation of their choice competent in asylum matters. 

Access is allowed to the centres and freedom of interviews with applicants from the UNHCR, refugee protection bodies, family members, applicants' lawyers and religious ministers but this access may be limited, for reasons of security or public order or for reasons related to the administrative management of the centres. The applicant is informed of the rules in force in the center in an understandable language.

Article 119 of the Presidential Decree 30 May 2002, n. 115 mentions that foreigners and stateless persons have equal right to legal aid in administrative procedure as nationals when the foreigner is residing on the Italian territory.

Articles 120 – 125 of the Presidential Decree 30 May 2002, n. 115 provide for special rules for legal aid at the state expense in administrative and civil proceedings.

The conditions and requirements to apply for legal aid are stipulated in Articles 74 -79 of the Presidential Decree 30 May 2002, n. 115.

The support of a lawyer is necessary in order to appeal before a court against a negative decision either on an asylum claim or on citizenship application.

Means test

In appeals, the applicant can have access to legal aid provided free of charge, if they do not have an income exceeding a certain limit established by law. The applicant can self-certify his income with a declaration, presenting autonomous requests for each level of judgment, to the Bar of Lawyers where the judge before whom the appeal is presented is located. With the admission to legal aid, the applicant is exempted from paying any expenses necessary for the procedure and the exercise of the right of defence, as well as from the payment of professional fees for the defender.

A means test applies when applying for legal aid (‘’patrocinio a spese dello stato”) and the person is eligible if it can prove that it has a taxable income lower than 12.838,01 euros (for 2024), it increased compared to the previous requested income of 11.734,93 euros (until half of 2023). The threshold increases by 1.032,91 euro for each family member living in the household with the applicant.

Article 76 of the Presidential Decree 30 May 2002, n. 115 provides the conditions for being granted legal aid, specifically the means test and the calculation of the income for the purposes of access to legal aid. The income limits are adjusted every two years as provided pursuant to Article 77 of the Presidential Decree.

Article 74 of the Presidential Decree 30 May 2002, n. 115 mentions that legal aid in administrative proceedings is provided for the defence of the person if the reasons are no manifestly unfounded. Article 126 (1) of the same decree provides that access to free legal assistance is also subject to a merits test by the competent Bar Association which assesses whether the asylum seeker’s motivations for appealing are not manifestly unfounded.

The application for legal aid can be made irrespective of whether the applicant resides in a reception center or in a private accommodation.

In order to apply for legal aid, an applicant can get support from a trusted lawyer who is registered in the lists for patrocinio a spese dello stato, and who can apply for free legal aid (or ‘’patrocinio a spese dello stato” in Italian) on the applicant’s behalf. If the applicant does not have a trusted lawyer, and the one is not registered, the applicant can apply himself for lists for "patrocinio a spese dello stato".

An applicant can check if they meet the requirements and request the free legal aid, by contacting one of the registered lawyers registered in the city where they live. Here is a list where lawyers from the main Italian provinces can be found: Milano, Turin, Venezia, Bologna, Rome, Napoli, Palermo and Catania. The procedure to apply for the free legal aid may be slightly different depending on the city.

The following documents are need in support of the application: Copy of a valid ID, copy  of the codice fiscale, copy of the permesso di soggiorno, Family status (“Stato di famiglia” in Italian), if the applicant shares the house with family members who have an income as well and a self-certification on income.

The application must be signed and authenticated by the defence attorney under condition of inadmissibility (see Article 78 of the Presidential Decree) and made on a normal paper, but under condition of inadmissibility if it does not contain the following information (see Article 79):

a) the request for admission to legal aid and the indication of the process to which it refers, if already pending;

b) the personal details of the interested party and of the members of the registered family, together with their respective tax codes;

c) a declaration in lieu of certification by the interested party, pursuant to Article 46, paragraph 1, letter o), of the Decree of the President of the Republic 28 December 2000, n. 445, certifying the existence of the income conditions required for admission, with specific determination of the overall income assessable for these purposes, determined according to the methods indicated in article 76;

d) the commitment to communicate, until the process is concluded, any significant changes in income limits that have occurred in the previous year, within thirty days of the expiry of the one-year term, from the date of submission of the application or of any previous communication of the change.

The conditions and requirements to apply for legal aid are stipulated in Articles 74 -79 of the Presidential Decree 30 May 2002, n. 115.

Legal aid is not granted automatically and can be denied or revoked if a legal aid commission or a judge decided that the case is unfounded, or if the requirements to get free legal aid changed over the trial.

The Council of the Bar Association has to decide on the application for legal aid within 10 days of submission, having verified the admissibility of the application. A copy of the decision shall be sent to the applicant and the magistrate. In case the council of the order rejects or declares inadmissible the request, it can be submitted to the magistrate competent for the judgment, who decides by decree – see Article 126 of the Presidential Decree 30 May 2002, n. 115.

Article 80 of the Presidential Decree 30 May 2002, n. 115.provides that the appointment of the lawyer is made for someone admitted to legal aid and chosen from those registered in the  lists of lawyers for legal aid at state expense, established at the councils of the order of the district of the court of appeal in which the magistrate competent to hear the merits or the pending case is based.

If free legal aid is revoked, the applicant will have to pay your lawyer to support the applicant during the appeal procedure.

Article 136 of the Presidential Decree 30 May 2002, n. 115 provides for the conditions of revocation of the provision of legal aid. It may occur that the applicant is initially granted free legal aid by a Bar Council but as prescribed by law, the Court revokes the decision by decree if it considers that the admission requirements assessed by the Bar Association are not fulfilled because the income conditions of the applicant have changed. Paragraph 3 of Article 16 provides that the revocation takes effect from the moment of verification of the changes in income, indicated in the magistrate's order; in all other cases it has retroactive effect.

 Also, the Court of Cassation has ruled that the withdrawal of legal aid may only be ordered after a concrete assessment of the circumstances of the case, fulfilling both criteria of being manifestly unfounded and gross negligence. (Court of Cassation, Decision 26661/2017, 10 November 2017).

The state may request to be reimbursed in the following cases (Presidential Decree 30 May 2002, n. 115):

• The applicant wins the case and receives compensation/ a settlement which is at least six times the cost of legal aid;
• The case is withdrawn or terminated.

The Council of Lawyers (Consiglio dell'Ordine degli Avvocati) operating in the territory where the case will take place proposes a lawyer for the applicant. Law No 132 of 1 December 2018 modified the policy for granting a reimbursement of the legal-aid lawyers’ costs to avoid paying legal representatives when the appeal is declared inadmissible. If a judge appoints the legal representative, the representative is chosen from the list.

Private lawyers

Information is currently not available

State funded

There is no free state funded legal aid for asylum applicants in the administrative procedure. However, the applicant can be assisted by a lawyer, at their own expense.

Civil society organisations

Legal information, counselling and assistance can be provided by representatives of civil society organisations.

Relevant organisations and their projects include:

JumaMap is a multi-language information website which aims to map services for asylum seekers and refugees throughout Italy. The platform's contents are available in 19 languages and includes information on access the services: reception, health care, Italian language schools, employment orientation, legal assistance, psycho-social support, canteens and food distribution, anti-violence centres, assistance to persons with disabilities. The project is implemented by Arci nazionale APS in Italy since March 2018 and the website it here: https://www.jumamap.it/it/. Every asylum applicant can consult the map and locate organisations providing legal assistance/counselling in an area of interest and their contact details.

Arca di Noe

• offers free legal assistance in the area of Bologna.

ASGI (Association for Juridical Studies on Immigration)

• pool of lawyers specialised in asylum and migration, offer legal assistance at all stages of the procedure, including detention and litigation before national and European courts.
• specialised training on asylum and migration for legal practitioners.
• project related to access to the asylum procedure.
   

A Buon Diritto – legal help desk, legal assistance research and advocacy

Cir Rifugiati – Italian Council for Refugees – present in six Italian regions (Lombardy, Veneto, Friuli Venezia Giulia, Lazio, Puglia, Sicily) with protection projects and information desks for legal and social assistance, financed through special agreements with local authorities and as part of specific projects.

Moisaco - Azioni per I refugiati – legal information and legal asisstance in Turin

Associazione My Lawyer – the association promotes legal assistance and language mediation for asylum seekers, the training of public and private operators on migration issues.

The Legislative Decree no. 25/2008 for Implementation of Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status (L.ds. 25/2008 – Procedures Decree) provides for the right to legal assistance in the international protection procedure:

Article 16 (1)– right to legal aid at administrative procedure, at the expense of the applicant (no state funded legal aid) but unaccompanied minors have access to free state funded legal aid in every stage and degree of proceedings (according to Article 76 (4quarter) of the Decree of the President of the Republic 30 May 2002, n. 115.

Article 13 (4) - in case the applicant is assisted by a lawyer during the procedure, pursuant to Article 16, the lawyer is allowed to attend the interview and may ask to view the minutes and acquire a copy of them.

Article 24 of the Italian Constitution guarantees the right of any individual to legal aid, as an essential right in a democratic legal system. According to the Constitutional Court ruling no. 198/2000: the foreigner (even if in irregular situation) enjoys all the fundamental rights of any person, including the right to defence, the effective exercise of which implies that the recipient of a provision, variously restrictive of the freedom of self-determination, is put in a position to understand its content and meaning”.

An applicant does not need a lawyer to submit an application for international protection.

The lawyer or the legal advisor from specialised NGOs supports the asylum seekers in preparing for the personal interview before the determining authority, providing them all necessary information about the procedure to follow, detailing which questions that may be asked by the Territorial Commission members and supporting the asylum seeker in preparing for presenting relevant information concerning their personal account.

According to Art. 31 Lgs. D. 25/2008, the applicant may send additional information to the TC with the assistance of the lawyer or legal advisor if necessary.

Lawyers may be present during the personal interview, but the applicant has to respond to the questions and the lawyer may intervene to clarify some aspects of the statements made by the applicant.

According to Article 11 of the Decree Legislative 25/2008 the applicant is notified of the outcome of the asylum procedure. The notification is not done in person but by it is delivered by PEC (certified electronic mail) and mail. The reasoning is briefly translated. When the applicant is in a reception centre, the notification is made by the responsible of the reception centre in the presence of an interpreter.

On access to information for the lawyer/legal adviser/legal counsel, the Law 7 August 1990, n. 241 on rules on administrative procedure and the right of access to administrative documents is applicable to the international protection procedure as specified in Article 18 of the Legislative Decree 25/2008.

The Legislative Decree no. 25/2008 for Implementation of Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status (Lgs. D. 25/2008 – Procedures Decree) provides for the right to legal assistance in the international protection procedure. Art. 16 Article 16 para. 1 establishes the right to legal aid at administrative procedure, at the expense of the applicant (no state funded legal aid) but unaccompanied minors have access to free state funded legal aid in every stage and degree of proceedings (according to Article 76 (4quarter) of the Decree of the President of the Republic 30 May 2002, n. 115.

There are no differences compared to what is already provided for in the international protection procedure.

According to Article 16(1) of Legislative Decree D. 25/2008, in order to safeguard unaccompanied minors, the law establishes that if an applicant chooses to be assisted by legal counsel already during the administrative phase, they are entitled to access State-funded legal aid for this stage of the procedure as well.

Private lawyers

Information is currently not available

State funded legal aid

Lawyers from the Bar Association who are registered in the list of lawyers for legal aid.

The Council of Lawyers (Consiglio dell'Ordine degli Avvocati) operating in the territory where the case will take place proposes a lawyer for the applicant.

Civil society organisations

ASGI (Association for Juridical Studies on Immigration)

• pool of lawyers specialised in asylum and migration, offer legal assistance at all stages of the procedure, including detention and litigation before national and European courts.
•  InLimine project - strategic litigation regarding access to the asylum procedure, protection of human rights at the border and in hotspots.

NGOs may provide legal advice or aid, but they cannot provide legal representation.

Information is currently not available

If, following the decision of the Territorial Commission, the applicant proposes an appeal to the Court, the technical defence becomes mandatory, and the law provides access to free legal aid, where necessary, as foreseen by art. 16 para. 2 Legislative Decree D. 25/2008.

On access to information for the lawyer, the Law 7 August 1990, n. 241 on rules on administrative procedure and the right of access to administrative documents is applicable to the international protection procedure as specified in Article 18 of the Legislative Decree 25/2008.

Article 17 of the  Legislative Decree 25/2008 provides that the applicant or/and their lawyer/legal representative have access to all information relating to the procedure, the sources of evidence used and the evaluation elements adopted, which could form the subject of judgement in the appeal against the decision of the Territorial Commission or the National Commission, in accordance with the procedures set out in Article 18 of the Legislative Decree 25/2008.

By granting legal aid, the beneficiary is not only exempted from paying all the costs of bringing the proceedings (including a standard fee, stamp duty) but also from all the costs necessary for the‌ exercise of the defence (for example, copying rights on procedural documents), as well as not having to pay any compensation to the lawyer appointed in the‌ proceedings.

Legal aid can be granted for all types of appeals. In appeals, the applicant can have access to legal aid provided free of charge, if they do not have an income exceeding a certain limit established by law. The applicant can self-certify his income with a declaration, presenting autonomous requests for each level of judgment, to the Bar of Lawyers where the judge before whom the appeal is presented is located. With the admission to legal aid, the applicant is exempted from paying any expenses necessary for the procedure and the exercise of the right of defence, as well as from the payment of professional fees for the defender.

A means test applies when applying for legal aid (‘’patrocinio a spese dello stato”) and the person is eligible if it can prove that it has a taxable income lower than 12.838,01 euros (for 2024), it increased compared to the previous requested income of 11.734,93 euros (until half of 2023). The threshold increases by 1.032,91 euro for each family member living in the household with the applicant.

Article 76 of the Presidential Decree 30 May 2002, n. 115 5 provides the conditions for being granted legal aid, specifically the means test and the calculation of the income for the purposes of access to legal aid. The income limits are adjusted every two years as provided pursuant to Article 77 of the Presidential Decree.

Article 74 of the Presidential Decree 30 May 2002, n. 115 mentions that legal aid in administrative proceedings is provided for the defence of the person if the reasons are no manifestly unfounded. Article 126 (1) of the same decree provides that access to free legal assistance is also subject to a merits test by the competent Bar Association which assesses whether the asylum seeker’s motivations for appealing are not manifestly unfounded.

The application for legal aid can be made irrespective of whether the applicant resides in a reception center or in a private accommodation.

A person can apply for legal aid for procedures before the Court of Cassation, but the lawyer should be allowed and admitted to practice before the Cassation court (it would be a “cassazionista” lawyer).

Legal aid is not granted automatically and can be denied or revoked if a legal aid commission or a judge decided that the case is unfounded, or if the requirements to get free legal aid changed over the trial.

The Council of the Bar Association has to decide on the application for legal aid within 10 days of submission, having verified the admissibility of the application. A copy of the decision shall be sent to the applicant and the magistrate. In case the council of the order rejects or declares inadmissible the request, it can be submitted to the magistrate competent for the judgment, who decides by decree – see Article 126 of the Presidential Decree 30 May 2002, n. 115.

Article 80 of the Presidential Decree 30 May 2002, n. 115 provides that the appointment of the lawyer is made for someone admitted to legal aid and chosen from those registered in the  lists of lawyers for legal aid at state expense, established at the councils of the order of the district of the court of appeal in which the magistrate competent to hear the merits or the pending case is based.

If free legal aid is revoked, the applicant will have to pay your lawyer to support the applicant during the appeal procedure.

Article 136 of the Presidential Decree 30 May 2002, n. 115 provides for the conditions of revocation of the provision of legal aid. It may occur that the applicant is initially granted free legal aid by a Bar Council but as prescribed by law, the Court revokes the decision by decree if it considers that the admission requirements assessed by the Bar Association are not fulfilled because the income conditions of the applicant have changed. Paragraph 3 of Article 16 provides that the revocation takes effect from the moment of verification of the changes in income, indicated in the magistrate's order; in all other cases it has retroactive effect.

 Also, the Court of Cassation has ruled that the withdrawal of legal aid may only be ordered after a concrete assessment of the circumstances of the case, fulfilling both criteria of being manifestly unfounded and gross negligence. (Court of Cassation, Decision 26661/2017, 10 November 2017).

The state may request to be reimbursed in the following cases (Article 134 Presidential Decree 30 May 2002, n. 115):

• The applicant wins the case and receives compensation/ a settlement which is at least six times the cost of legal aid;
• The case is withdrawn or terminated.

The Council of Lawyers (Consiglio dell'Ordine degli Avvocati) operating in the territory where the case will take place proposes a lawyer for the applicant. Law No 132 of 1 December 2018 modified the policy for granting a reimbursement of the legal-aid lawyers’ costs to avoid paying legal representatives when the appeal is declared inadmissible. If a judge appoints the legal representative, the representative is chosen from the list.

Information is currently not available

Information is currently not available

Same as for regular procedure

Information is being provided for detained applicants on the list of lawyers from the registry on legal aid.

The applicant has the right to:

• Free legal aid for appeal against an expulsion order,
• Free legal aid for appeal for the review or extension of the detention period of an asylum applicant;
• Access of the lawyers/civil society organisations to the detention facilities, under certain conditions.

Under the Legislative decree 286/98 (TUI), free legal aid must be provided in case of appeal against the person’s expulsion order, on the basis of which third-country nationals who have not lodged their asylum application can be detained. Free legal aid is also provided for the validation of the detention order for asylum seekers, as well. In this case, the asylum seeker concerned can also request a court-appointed lawyer.

CPRs’ managing bodies are in charge of organising a “normative information provision” service. 

In particular, according to Article 2 of Interior Ministry Directive of the 19 May 2022, the individual is informed of their rights and duties in a language they understand and is provided with the list of lawyers.

After admission, and normally before the detention validation hearing, the legal operator, assisted by the linguistic-cultural mediator, provides complete information and explains the information also contained in the material handed out at the moment the person access’ the facility. This information comprehends: the rights and duties within the centre, the goods and services provided, the conditions of detention and the rules of coexistence within the Centre, the information addressed to the applicants for international protection.

The managing body, prior to the validation hearing, informs the foreign national of their right to appoint a defence lawyer of their choice and also makes the list of lawyers providing free legal aid, provided by the Bar Council at the request of the Prefecture and periodically updated, immediately available to the foreign national who requests it.

After admission, and normally before the detention validation hearing, the legal operator, assisted by the linguistic-cultural mediator, shall provide complete information and explain the content of the material referred to in paragraphs 1 and 2, which shall also remain available in the offices where interviews with the managing body's staff take place and in the rooms for interviews with lawyers and family members. The information referred to in this article shall be provided and made available in a language understandable to the foreign national. The information material shall in any case be translated into English, French, Spanish, Russian, Chinese and Arabic

The legal information and counselling as well as the legal assistance are provided by specialised lawyers from specialised civil society organisations on asylum and migration.

Article 81 of the Presidential Decree 30 May 2002, n. 115 stipulates that the list of lawyers for legal aid:

1.  The list of lawyers for legal aid is made up of lawyers who apply for it and who possess the requirements set out in paragraph 2.
2. The inclusion in the list is decided by the board of the order, which evaluates the existence of the following requirements and conditions:

     a) specific professional skills and experience, distinguishing between civil, criminal, administrative, accounting, tax and voluntary jurisdiction proceedings;

     b) absence of disciplinary sanctions higher than a warning imposed in the five years preceding the application;

     c) registration in the Bar Association for at least two years.

3.  Any lawyer for whom a disciplinary sanction greater than a warning has been imposed shall be automatically removed from the list.
4. The list is renewed by January 31 of each year, is public, and is available at all judicial offices located in the territory of each province.

Information is currently not available

Information is currently not available

The reception legislative decree (d.lgs. 142/2015) contains a provision on the right to information, confirming the obligation to hand over the brochure, as stated above, and states that this information is to be provided in reception centres within 15 days from the presentation of the asylum application. This information should be provided through the assistance of an interpreter.

In particular, the Reception Decree provides that Questure shall provide information related to reception conditions for asylum applicants and hand over information leaflets accordingly. The brochures distributed also contain the contact details of UNHCR and refugee-assisting NGOs. According to the Reception Decree such information on reception rights is also provided at the accommodation centres within a maximum of 15 days from the making of the asylum application.

Information provision on the asylum procedure and reception is included also among the activities to be conducted in the hotspot facilities.

According to the Reception Decree, applicants have the opportunity to communicate with UNHCR, NGOs with experience in the field of asylum, religious entities, lawyers and family members. The representatives of the aforementioned bodies are allowed to enter these centres, except for security reasons and for the protection of the structures and of the asylum applicants. The Prefect establishes rules on modalities and the time scheduled for visits by UNHCR, lawyers, NGOs as well as the asylum applicants’ family members and Italian citizens who must be authorised by the competent Prefecture on the basis of a previous request made by the asylum applicant living in the centre. The Prefecture notifies these decisions to the managers of the centres.

Article 15(5) of the Reception Decree provides that lawyers and legal counsellors indicated by the applicant, UNHCR as well as other entities and NGOs working in the field of asylum and refugee protection, have access to these facilities to provide assistance to hosted asylum applicants.

It is worth noting that these centres are open, therefore asylum applicants are free to contact NGOs, lawyers and UNHCR offices outside of the centres.

Concerning the governmental first reception centres for unaccompanied children, the law allows entry into the centres for members of the National and European Parliament, as well as to UNHCR, IOM, EUAA and to the Children’s Ombudsman, to the mayor or a person delegated by them. Access is also allowed to persons who have a motivated interest, because of their institutional engagement within the region or the local authority where the centre is based, to child protection agencies with long experience, to representatives of the media, and to other persons who present a justified request. 

Information is currently not available

The general provisions of the Decree of the President of the Republic 30 May 2002, n. 115 apply for the temporary protection procedure as well.

Legal information and assistance are also provided by civil society organisations. 

Information is currently not available