Government approves bill for implementation of the Pact on Migration and Asylum

The Council of Ministers approved a bill introducing provisions on immigration and international protection, as well as provisions for the implementation of the Pact on Migration and Asylum of 14 May 2024.

The measure introduces a comprehensive reform aimed to strengthen the tools to combat illegal immigration and ensure more rigorous management of migratory flows. It consists of two parts: the first introduces provisions that will come into force following the law's publication in the Official Journal; the second grants the government broad authority to adopt, within 6 months, the legislative decrees necessary to implement EU directives and comply with new EU regulations.

Main provisions are related to: 

Countering illegal immigration and a naval blockade
The text emphasises preventive measures at the borders, implementing a border defense strategy aimed at drastically reducing irregular departures.

• Crisis management and interdiction of territorial waters: Pursuant to Regulation (EU) 2024/1359, specific procedures are defined to address situations of mass and exploited influx of migrants, with the possibility of prohibiting vessels from crossing territorial waters in the presence of serious threats to public order or national security.
• Detention regulations: The procedures for detaining foreigners pending the examination of their application for protection are fully regulated.
• Judicial expulsion: The circumstances in which a judge, with a conviction, can order the expulsion or removal of a foreigner are expanded, and an accelerated procedure is provided for the expulsion of detained foreigners.
• Monitoring of external borders: An integrated surveillance system is being established to enable preventive action on migratory routes, strengthening cooperation with European agencies (Frontex) for the control of maritime and land borders.
• Border repatriation procedure: An accelerated procedure is introduced that takes place directly at border crossings or in transit zones, allowing the immediate removal of individuals coming from safe countries or with manifestly unfounded claims.

Stringent requirements for complementary protection and family reunification
To prevent the misuse of the provisions on family ties, the bill introduces more stringent criteria than the current ones.

• Complementary protection: The conditions demonstrating the actual existence of family ties and social integration are precisely defined. The assessment must be based on the actual nature of the ties, the length of residence in the country, and the existence of family, social, or cultural ties with the country of origin. The issuance of the permit is prohibited in the presence of convictions for crimes that make the applicant a social danger.
• Family reunification: The government mandate specifies the criteria for identifying family members eligible for family reunification, to limit abuse of the instrument and ensure that access to benefits is reserved for those who are objectively vulnerable and lack adequate support in their country of origin.
   

Amendments to the Consolidated Law on Immigration and International Protection
The immediately mandatory provisions address several critical issues of the current system.

• Reception and revocation of measures : Reception services are conditional on the applicant's actual stay in the assigned center. Violation of the rules of cohabitation or lack of sufficient financial resources will result in immediate revocation or the obligation to reimburse the costs incurred by the State.
• Penalties and controls : Penalties for non-compliance with expulsion orders are increased, and the judicial police's powers to identify those concealing their identity or nationality are strengthened.
   

Implementation of the EU Pact and other delegations to the Government
The bill establishes the framework for integrating the Italian legal system with the new Common European Asylum System (CEAS). The Government is empowered to adopt legislative decrees for:

• transposition of Directive (EU) 2024/1346 , aimed at standardising reception conditions for applicants for international protection throughout the Union;
• adaptation to Regulations 2024/1347 and 2024/1348 , concerning qualifications for international protection and the common procedure for international protection respectively, with the aim of making the application analysis processes faster and more certain;
• EURODAC system and screening : adaptation to Regulation (EU) 2024/1358 for the strengthening of the biometric database and to Regulation (EU) 2024/1351 on Asylum and Migration Management (RAMM)".