LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006

Italian Perspective: Trends, Issues and Key Measures Description of the migration trends in Italy in the last years Normative evolution about migration Actual law on migration (Bossi-Fini Law) Future trends…

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION IN ITALY: TRENDS Source: Istat

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 FOREIGN LABOUR FORCE IN ITALY Source: Istat

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 Stock of foreign population as a % of total population EU-15, (per cent) j Source: OECD Sopemi

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 Italy: Stock of foreign population as a % of total population by macro areas (31/12/2005) Source: Istat, bilancio demografico 2005

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ITALIAN NORMATIVE EVOLUTION Peculiarity of the Italian migration legislations: Every new law on immigration introduced a regularization of irregular migrants working in Italy: 1986 regularization introduced by law no. 943/ regularization introduced by the Martelli law- 39/1990, 1998 regularization by the Turco-Napolitano law-40/ regularization by the Bossi-Fini Law –189/2002

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ITALIAN NORMATIVE EVOLUTION1986 law no. 943/1986: first law on migration implementation of the principles of the International Convention no. 142/1975 of the ILO on the protection of immigrants on the labour market and the repression of trafficking introduction statements about the condition of foreigners working in our country: equal treatment in relation to labour market and access to services, the removal of obstacles preventing the full assertion of their rights. It has been recognized the claim of family reunifications for matching the foreign labour domain and offer: the employments of workers from abroad was allowed only after verifying that Italian workers weren’t available for the immigrants: the opportunity of finding a new job registering oneself as an unemployed in the employment list after a job loss first regularization program for migrants irregularly present in ItalyProblem: Inadequate: lack of rules regarding the entrance and residence of foreign citizen

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ITALIAN NORMATIVE EVOLUTION1990 law no. 39/1990 Martelli law first attempt to regulate immigration in a systematic way Introduce: a quota system with inter-ministerial decrees regularization based on a lower level of selectivity Problems: lacked adequate measures for the integration of immigrants, focusing only on the control of entry and expulsion; ineffective quota system since the decree was usually issued in late

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ITALIAN NORMATIVE EVOLUTION1998 law no. 40/1998 Turco-Napolitano law Social Economic Integration Oriented Legislation 3 goals: a fair planning of entrances within the annual fixed quota an effective policy again illegal migration and its exploitation the removal of obstacles to the full integration of immigrants through a social integration policy. for matching the foreign labour domain and offer a three years government program about migration measures diversification of ways of gaining access the labour market abolition of the reciprocity clause introduction of the residence permit for looking for job: NGOs, local authorities, Italian or foreigner citizen (residents for more than 1 year) can “sponsor” a foreign worker for the purpose of seeking employment. The length of this residence permit was of 12 months permanent residence permit (carta di soggiorno) after 5 years. in the quota system a defined number of entries is kept for citizens of countries that signed bilateral cooperation agreements for migration with Italy

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ITALIAN NORMATIVE EVOLUTION for social integration Integration = “that process of non discrimination and inclusion of differences” Social integration policy 3 areas: information policy aimed to depress prejudices grant equal opportunities and condemn any form of discrimination in the access to services such as the national health service, education and housing recognition of the civil rights and the right to participate in the public life

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ITALIAN NORMATIVE EVOLUTION law no. 189/2002 Bossi-Fini law P rotection and Control of the New Flows Oriented Legislation new residence contract (contratto di soggiorno) tie more strictly to job contract abolition of the “sponsor system” and of the looking for job residence permit priority to workers trained abroad before migrating to Italy reduction of the length of non EU unemployment from 1 year to 6 months increase of time constrains for the residence card (from 5 to 6 years) creation of an unified office for migration (known as sportello unico per l’immigrazione) in order to simplify the procedures stricter expulsion procedures the larger regularisation than ever

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRATION: ACTUAL ITALIAN NORMATIVE Once a foreigner has achieved the status of “resident immigrant” he/she has the same rights and duties as Italian citizens. The same applies to tax contributions as well as the duties and benefits of the welfare system. Even illegal migrants have access to health care services Residence permits : for visits 3 months for seasonal work, up to 9 months for study 1 year for permanent employment or family reunification 2 years. Foreigner who have been legally resident in Italy for at least 6 years can apply the residence card (carta di soggiorno) that exempt the holders from visa requirement Quota system includes: seasonal workers, that can stay from 20 days to 9 months self employed workers who have to demonstrate to have sufficient financial means and the professional background required (the permit lasts up to 2 years) employees (up to 2 years) who must have received an offer of employment

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 BOSSI-FINI LAW SYSTEM FAILURES 1.The annual quota system turned in a periodical regularization of migrants already present illegally in Italy 2.The actual system of residence permits, tying more strictly entry and residence to work, in presence of an increasing flexibilisation of the Italian labour market, produces inefficiencies and promotes illegality among the migrants that lose their job. 3.The inefficiency of the quota system in the matching of the migrant labour domain and offer. 4.The severe expulsion system confirmed its inefficacy in particular about the problem of identification

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 MIGRANT LABOUR MISMATCH Identify the labour mismatch in terms of lack of coordination between the immigrant labour demand and offer. How the annual quota met the entrepreneurs needs in the last years? Mismatch = exceeding potential domain on offer Problem: lack of sources about migration so we concentrate on non seasonal workers MIGRANT LABOUR DOMAIN: source Excelsior Information System expected hiring of non EU workers declared by entrepreneurs MIGRANT LABOUR OFFER: quota authorized of non EU non seasonal workers + residence permits for seeking work

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 % LABOUR MISMATCH gfd

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 % increase of residence permit holders after the 2002 regularization (law 401/1998 and 222/2002) in the Italian regions. g

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 For the future? Notes on the immigration law reform by the left wing Government "Note per la riforma del Testo Unico dell’Immigrazione" by Amato, Minister of the Internal Affair, October 2006 The new guidelines for the reform of the migration law: Protection vs Integration In order to reduce the mismatch 1.more flexible quota system: –improving the medium-long planning Government decree for three years quotas concerning entry not more for each year –simplifying the quota adjustment: possibility of reduce or increase the number of entrances according to the national needs 2.employment lists abroad, in the Italian Embassies in loco selection that will reward inscription seniority and attendance of training courses organized by a private or public Italian agencies controversial: no transparent process 3.the re-introduction of the “sponsor” completely new from the one introduced by the Turco-Napolitano law, addressing more on the UK system the sponsor can be only public or private agency no singular person

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 / re-introduction of the “sponsor” the sponsor will act as a intermediary in the labour market: -knowing the entrepreneurs requests, it will choose some workers from the employment lists and it will help them in the process for obtaining a residence permits for seeking work -then it provides the foreign worker for a trial period to the entrepreneurs who can decide to hire the worker (conversion of the residence permit) or not. -in the latter case the sponsor will try to find a new employer (for max 1 year)

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006 More… Expulsions Reduced sanctions for the migrants that collaborate (i.e. for the identification) Centre of temporary permanence The detention limited to the cases of maximum social dangerousness (“più inclini all’illegalità e di più elevata pericolosità sociale")…vague Following the EU guidelines Residence Card (Carta di soggiorno) after 5 year (no more 6) continuous residence in Italy Simplification of the family reunification procedures for children 1 year (no more 6 months) for looking for a job The need of a wide agreement between EU and Libia Italian citizenship after 5 years (no more 10)

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