Author
| Name in English | Number of Commissions
|
Ministry responsible | Is there any political interference possible by the responsible Minister with the decision making in individual cases by the determining authority? |
| Territorial Commissions for International Protection | 20 + 21 sub commissions | Ministry of Interior | Yes |
The competent authorities to examine asylum applications and to take first instance decisions are the Territorial Commissions for the Recognition of International Protection (Commissioni Territoriali per il Riconoscimento della Protezione Internazionale), which are administrative bodies specialised in the field of asylum, under the Ministry of Interior. The Territorial Commissions are established under the responsibility of Prefectures.[1] LD 220/2017, entering into force on 31 January 2018, reformed the functioning and composition of the Territorial Commissions.
Composition of Territorial Commissions
The law foresees the creation of 20 Territorial Commissions[2] and up to 30 sub-Commissions across the national territory, to boost and improve the management of the increasing number of applications for international protection.[3] As of December 2024 there were 20 Territorial Commissions and 21 sub-Commissions across Italy.[4]
As amended by LD 220/2017, each Territorial Commission is composed at least by 6 members, in compliance with gender balance. These include:[5]
- 1 President, with prefectural experience, appointed by the Ministry of Interior;
- 1 expert in international protection and human rights, designated by UNHCR;
- 4 or more highly qualified administrative officials of the Ministry of Interior, appointed by periodic public tenders.[6]
- on a temporary basis, by workers with fixed-term employment contracts with adequate professionalism and by staff of the European Union Agency for Asylum, specially trained in the field of international protection by the Interior Administration, appointed by order of the Head of the Department for Civil Liberties and Immigration of the Ministry of the Interior, after consulting the National Commission.[7]
Decisions are taken by a panel made up of the president, the expert designated by UNHCR and two of the members with investigative duties assigned to the same Commission, including the member who carried out the interview.[8]
The Territorial Commissions may be supplemented, upon request of the President of the National Commission for the Right to Asylum (CNDA), by an official of the Ministry of Foreign Affairs when, in relation to particularly high number of asylum applications to be processed at the same time, it is necessary to acquire specific assessments of competence regarding the situation in the country of origin. Where necessary, the Commissions can also be chaired by prefectural career officials in retirement.[9]
Before the appointment of the members of the Territorial Commissions, the absence of conflict of interests must be evaluated.[10] For the President and the UNHCR representative, one or more substitutes are appointed. The assignment is valid for 3 years, renewable.[11]
Following the 2017 reform, interviews are conducted by officials of the Ministry of Interior and no longer by UNHCR. The decision-making sessions of the Commission consist of panel discussions composed by the President, the UNHCR-appointed expert and two of the administrative officers, including the one conducting the interview.[12] Under the Procedure Decree, the decision on the merits of the asylum claim must be taken at least by a simple majority of the Territorial Commission, namely 3 members; in the case of a tie, the President’s vote prevails.[13]
In 2016, the CNDA adopted a Code of Conduct for the members of the Territorial Commissions, the interpreters and the personnel supporting them.[14] The CNDA not only coordinates and provides guidance to the Territorial Commissions in carrying out their tasks but is also responsible for the revocation and cessation of international protection.[15]
These bodies should be independent in taking individual decisions on asylum applications. However, considering that the Commissions are part of the Department of Civil Liberties and Immigration of the Ministry of Interior, several reports pointed to the fact they had received general instructions from the Ministry of Interior. Some examples are the instructions given for the grounds of inadmissibility, manifestly unfoundedness, use of border procedures.[16]
Training and quality assurance
The law requires the CNDA to provide training and refresher courses to its members and Territorial Commissions’ staff. Training is supposed to ensure that those who will consider and decide on asylum claims will consider the asylum applicant’s personal and general circumstances, including the applicant’s culture of origin or vulnerability. Since 2014, the CNDA has organised training courses based on the EUAA modules, in particular on “Inclusion”, “Country of Origin Information” and “Interview Techniques”. These training courses provide both an online study session and a two-day advanced analysis conducted at central level in Rome. In addition to these permanent trainings, courses on specific topics are also organised at the local level. By law, the National Commission should also provide training to interpreters to ensure appropriate communication between the applicant and the official who conducts the substantive interview.[17] However, in practice interpreters do not receive any specialised training. Some training courses on asylum issues are organised on ad hoc basis, but not regularly.
UNHCR takes part in the decisions, and any divergent opinion is noted in the minutes which can be accessed by the applicant and by their lawyer. In all cases, when there are divergent opinions (usually that of the UNHCR), the decision is indicated as taken by majority and not unanimously.
[1] Article 4(1) Procedure Decree, as amended by LD 220/2017.
[2] Article 4(2) Procedure Decree.
[3] Article 4(2-bis) Procedure Decree.
[4] Ministero dell’Interno, Dipartimento per le liberta civili e l’immigrazione, Commissione Nazionale per il diritto di asilo, available in Italian at: https://bit.ly/3iajZuc.
[5] Article 4(3) Procedure Decree, as amended by LD 220/2017.
[6] Article 4(1-bis) Procedure Decree, inserted by LD 220/2017, citing Article 13 Decree Law 13/2017, followed by the appointment of 250 persons through public tender.
[7] Article 4 ( 3) as amended by Article 15 – sexies (1 a) DL 145/2024 converted into L 187/2024.
[8] Ibidem.
[9] Article 4(3) Procedure Decree, as amended by LD 220/2017.
[10] Ibid.
[11] Ibid.
[12] Ibid.
[13] Article 4(4) Procedure Decree.
[14] Article 5(1-ter) Procedure Decree, available here.
[15] Articles 13 and 14 PD 21/2015.
[16] Circulars from the Minister of Interior: circular of 30.10.2020 on interpretation of LD no. 130 of 2020 available at https://bit.ly/3MPpyMQ; and Circular of 08.01.21 available at https://bit.ly/3q1Oozk.
[17] Article 15 Procedure Decree.