[excerpt]

Law189/2002

Adopted 2002

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Article 3

1. The Prime Minister, having received the opinion of interested ministers, as well as the National Council on the Economy and Labor, the Permanent Council on Relations between the Central State, the Regions and the Independent Provinces of Trent and Bolzano, the State-City and Independent Local Government Bodies Conference, the national organs and associations most active in providing assistance and favoring the integration of immigrants, plus the organization's of workers and employers representing the largest number of people on a national level, prepares every three years a planning documents on policy regarding immigration and foreigners in the territory of the state, with this plan to be approved by the government and sent to parliament. The pertinent parliamentary commissions express their opinion within 30 days of receiving the planning document. The planning document is issued, taking into account the opinions received, under a decree of the President of the Republic, and it is published in theGazzetta UIfficialeof the Italian Republic. The Minister of Interior Affairs presents an annual report to Parliament on the results achieved through the measures implementing the present planning document.

2. The planning document indicates the actions and initiatives which the Italian State, eventually acting in cooperation with the other member states of the European Union, as well as with international organizations, community institutions and non-governmental organizations, intends to carry out with regard to immigration, if necessary through the establishment of accords with the countries of origin of the immigrants. The document also indicates the measures of an economic and social nature to be taken regarding foreigners living in the territory of the State in terms of subject matter which to not have to be governed by law.

3. The document also stipulates the general criteria for the determination of entry flows into the territory of the State, and it outlines the public initiatives designed to favor family relations, social insertion and cultural integration of foreigners residing in Italy, with respect for the diversity of the cultural identities of these individuals, assuming there is no conflict with the law, and it also stipulates whatever tool is necessary for a positive return of the immigrants to their countries of origin.

4. In one or more decrees issued by the Prime Minister, having first received the opinions of the interested ministers and parliamentary commissions, formulation is made, on an annual basis, and in accordance with the criteria and other indications contained in the planning document referred to under paragraph 1, of maximum quotas for the number of foreigners to be allowed to enter the territory of the State for salaried employment, eventually to meet demands of a seasonal nature, or for self-employment, with consideration being given to measures of family reunification and temporary protection, as eventually stipulated under the provisions of article 20. Entry visas for salaried employment, eventually on a seasonal basis, and for self-employment are issued within the limits of the above mentioned quotas. Should the annual planning decrees not be published, the quotas shall be set in accordance with the last decrees published, under the provisions of the present unified text for the preceding year.

5. Within the context of their respective areas of authority and budget allotments, the regions, provinces, municipalities and other local government entities adopt measures contributing to the pursuit of the objective of eliminating obstacles which, in practice, impede full recognition of the rights and interests granted to foreigners within the territory of the State, in particular as regards housing, language and social integration, with respect for the fundamental rights of the human individual.

6. In a decree issued by the Prime Minister, to be adopted in concert with the Minister of Internal Affairs, territorial councils are established for immigration, with the members of these bodies to include representatives of the responsible local branches of of the State, the region, local government bodies and organizations and associations active in aiding and assisting immigrants, plus organizations representing workers and employers, with the tasks of the councils being to analyze the needs of immigrants and promote initiatives to be implemented on a local level.

7. In the initial application of the measures of the present article, the planning document referred to under paragraph 1 is prepared within 90 days of the data on which Law no. 40 of March 6, 1998 goes into effect. The same document indicates the date within which the decrees referred to under paragraph 4 are to be adopted.

8. The outline of the planning document referred to under paragraph 7 is sent to Parliament in order to obtain the opinion of the commissions with responsibility for such matters, which are to express their opinions within 30 days. At the end of this period, the decree is issued, even if the opinion has not been received.

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