Italy is one of the countries parties to the Schengen agreement, which eliminates border controls for EU citizens and established a single European space.

On the other hand, control at borders with non EU countries is a particularly problematic issue for the country, not just on its eastern border with Slovenia, but also and especially in the control of its 8,000 km of coasts, though which migrants especially irregular migrants often gain access to the country and thereafter, to other EU countries.

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Italy is one of the countries parties to the Schengen agreement, which eliminates border controls for EU citizens and established a single European space.

On the other hand, control at borders with non EU countries is a particularly problematic issue for the country, not just on its eastern border with Slovenia, but also and especially in the control of its 8,000 km of coasts, though which migrants especially irregular migrants often gain access to the country and thereafter, to other EU countries.

Law 189/2002 is attempting to strengthen police controls over borders and struggle at the borders against illegal immigration. Also it attempts at strengthening and tightening up rules about expulsion and repatriation of those found, already within State borders without appropriate legal titles to remain in the country.

A Central Directorate on immigration and activities of border police is established by law 189/2002 within the Ministry of the Interior in order to coordinate border police activities on illegal immigration and criminal exploitation of illegal migration phenomena. The Directorate is also in charge of identifying experts within Police forces to be sent to the Embassies and Consulates in those countries of higher irregular immigration to address “at the roots” such issues.

In Italian law there is clear individual right to obtain a visa, but a “legitimate interest” after taking into consideration national security and public order and international relations. Visas are granted by the Ministry of Foreign Affairs and its representations abroad (law 189/ 2002 art. 4.2). Only in special and tightly regulated cases border authorities can issues visas for a duration of 5 days for a transit visa and 8 for a stay visa. Also special circumstances exit for the “border permits” for foreigners without a visa to stay overnight or for a period not above 48 hours in cities close to airports or for certain categories of tourists (for instance cruise tourists).

Visas can belong to three broad categories: Uniform Schengen Visas (USV), valid for the territory of the Schengen common space (Airport transit visas, short term visas, etc) Please refer to the section on External borders for the European Union); Limited Territorial Visas (LTV), which are valid only for the Schengen country which issues them: Long Stay or National Visas (NV), valid only in the issues Schengen country for periods of over 90 days stay. The latter are needed also for nationals of those countries which are not listed in the joint list of countries for which US visas or LT visas are needed.

Visas can be requested by adults for themselves and , if the case may be, for minors annotated on his/her passport. For minors, request (by an adult) must be accompanied by written consent of both parents. Visa request must be in writing and, as a rule in person. The applicant must provide documentation, inter alia, on sufficient financial means and on availability of accommodation during his/her stay in the country.

Refusal to grant a visa must be motivated according to the Single Act on immigration, and the motivation, together with instructions on how to appeal the refusal must be given in English, French, Spanish or in other language likely to be known by the applicant. With law 189/2002, however, the refusal of visa does not have to be motivated if refusal is decided on the basis of public order or security, except in the case of visas requested for subordinate and self-employment; special categories of high-skill workers, such as University lecturers, translators etc.; family reunion visas; health care visas; and study visas (law 189/2002 title II art 4; the categories for which motivation of refusal is compulsory fall in fact within art 40 of law 394/1999 and are not therefore hit by the introduction of law 189/2002).

Moreover visas do not guarantee entry into the country’s borders. In fact, border authorities can reject the foreigner if s/he has not support means and can not give sufficient information about his/her stay within Italy or for security and public order reasons.

The new law attempts to control migration flows through a regime of quotas. Measures to enforce such regime and control irregular migration are reinforced, including rejection at the border, a measure against all foreigners who do not possess appropriate documents. This measure is also applied to those who have passed the national borders without undergoing the border control measures but are caught immediately after their passage or those who have been temporarily admitted albeit without appropriate documents in order for them to be assisted. In those cases the rejection means that police forces accompany those who are de facto within the borders to the border itself. These rules do not apply to cases regulated by norms on political asylum, refugee status or temporary protection measures for humanitarian reasons.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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