Immediate procedure

Italy

Country Report: Immediate procedure Last updated: 30/11/20

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In addition to the Border Procedure and the different types of Accelerated Procedures, Decree Law 113/2018 has also amended the Procedure Decree to introduce an “immediate procedure” (procedimento immediato), applicable where the applicant:[1]

  • Is subject to investigation for crimes which may trigger exclusion from international protection, and the Grounds for Detention in a CPR apply;[2]
  • Has been convicted, including by a non-definitive judgment, of crimes which may trigger exclusion from international protection.

Under the immediate procedure, the Questura promptly notifies the Territorial Commission, which “immediately” proceeds to an interview with the asylum seeker and takes a decision accepting the asylum application, suspending the procedure or rejecting the application.[3]

In case of rejection, and unless special protection has to be granted, the law provides that the applicant has an obligation to leave the national territory even in case of an appeal, i.e. suspensive effect is not automatically granted, nor can it be requested before the court. In this case the legal framework on expulsion of foreigners apply.[4]

The Procedure Decree also provides that in case the grounds for the immediate procedure arise during the appeal procedure, the suspensive effect previously granted shall be withdrawn.[5]

In this respect, the immediate procedure seems incompatible with the recast Asylum Procedures Directive, which does not foresee such derogations and only allows for an exception to the right to remain on the territory pending the examination of the asylum application at first instance in the case of a subsequent application or in the context of a surrender or extradition procedure.[6]

Prefect Sarti (CNDA President) was heard on 11 June 2019 by the Italian Parliament and she informed that, from 18 March 2019 to 7 June 2019, 167 decisions were issued under the immediate procedure [7]

 


[1] Article 32(1-bis) Procedure Decree, inserted by Article 10 Decree Law 113/2018 and L 132/2018.

[2] The crimes are those cited by Articles 12(1)(c) and 16 (1)(d-bis) Qualification Decree, which include some serious crimes such as devastation, looting, massacre, civil war, maffia related crimes, murder, extortion, robbery, kidnapping even for the purpose of extortion, terrorism, selling or smuggling weapons, drug dealing, slavery, child prostitution, child pornography, trafficking in human beings, purchase and sale of slaves, sexual violence. Decree Law 113/2018 has also included other crimes excluding the recognition of international protection which are: violence or threat to a public official; serious personal injury; female genital mutilation; serious personal injury to a public official during sporting events; theft if the person wears weapons or narcotics, without using them; home theft. The grounds for detention referred to are those in Article 6(2)(a), (b) and (c) Reception Decree.

[3] Article 32(1-bis) Procedure Decree, inserted by Article 10 Decree Law 113/2018 and L 132/2018.

[4] Ibid, citing Article 13(3), (4) and (5) TUI.

[5] Article 35-bis(5) Procedure Decree, as amended by Article 10 Decree Law 113/2018 and L 132/2018.

[6] See Articles 9(2)-(3) and 46(8) recast Asylum Procedures Directive.

[7] Prefect Sarti, Hearing at Parliament, p. 14, available in Italian at: https://bit.ly/3cSB1ZL.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation