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Quota System
The Italian Quota System is based on the desire to limit the number of incoming
third-country nationals. The quota system favours specific countries – especially
those with which Italy has bilateral agreements. Precedence is given to neighbouring
countries because of cultural affinity. Readmission agreements have also proven
to be important, particularly with countries of origin of large numbers of irregular
immigrants. Recent preferential quotas have been set for: Albania, Tunisia,
Morocco, Egypt, Nigeria, Moldova and Sri Lanka. Argentina is currently seen as a
special case of affinity and is favoured with a large quota. 2
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ITALY
In September 2002, the Amendment of the Law on Immigration and Asylum, known also as the
Bossi-Fini 3 Law, came into force. 4 The new Law No. 189 amends the 1998 Immigration Act and
introduces new clauses. Some of the most significant changes include: immigrant quotas, mandatory
employer-immigrant contracts, stricter deportation practices, amnesty for illegal immigrants
who have worked and lived in the country for over three months, and new provincial immigration
offices to help manage immigrant worker and family reunification cases. The law also provides
for legalization of two types of irregular immigrants: those employed as domestic workers
and home-helpers or as dependent workers. These individuals may qualify for regularization.
Although the Bossi-Fini law came into force in 2002, some of its clauses, especially the ones
referring to asylum, are not yet applicable. In order to become completely effective, the Bossi-
Fini law must be integrated by some implementing rules, which are not expected to be issued
before the end of June 2004.
Constitutional Asylum and Asylum Procedure
In Italy, asylum may be granted according to:
Article 10 (3) of the Constitution which states that:
Any alien who is prevented in their countries from effectively exercising the democratic freedoms
guaranteed by the Italian Constitution shall be entitled to asylum in the territory of the Republic,
pursuant to the conditions provided for by law. 5
This article is applied very rarely.
The Geneva Convention
At present, asylum is granted by a special Commission, the Central Commission for the Recognition
of Refugee Status, if the Geneva Convention criteria are fulfilled and if beneficiaries
are considered to be refugees for the purpose of Article 1 of Law No. 39/1990. The procedure,
until entry into force of the Bossi-Fini implementation rules, is still regulated by the Aliens
Act of 28 February 1990 No. 39. This law does not contain any provisions defining the rights
of asylum seekers, but rather focuses on processing procedures.