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The cabinet has used a combination of legislative instruments including a decree law which has immediate effect but must be converted into law by parliament within 60 days. Other measures are set out in a bill which must have the approval of parliament before it can become law. Others still are contained in legislative decrees, which still need final approval. The interior minister Roberto Maroni of the anti-immigrant Lega Nord, who is behind the law and order package, is confident that all the provisions will come into force by the end of July.
The decree law with immediate effect introduces among other things an increase by one third of the sentence for illegal immigrants found guilty of a crime, automatic expulsion for convicted immigrants sentenced to two years or more and a sentence of between six months and three years, a fine of between €10,000 and €50,000 and the confiscation of the property of anyone caught renting accommodation unlawfully to illegal immigrants. Other provisions contained in the decree include increasing the maximum length of stay in a detention centre (“centro di permanenza temporanea” or CPT) from two to 18 months and giving mayors special powers of law and order.
Instead the controversial proposal to make illegal immigration a criminal offence is contained in the bill. The measure has been hotly opposed by the opposition and the president of the republic Giorgio Napolitano and is likely to meet stiff resistance in parliament. Should the proposal get the backing of lawmakers, immigrants caught on Italian soil illegally would face between six months and four years in jail. Other proposals that will come before parliament include granting Italian citizenship to immigrants who marry an Italian only after two years of residency on Italian soil.
The legislative decrees, which still need the backing of the competent parliamentary commissions and extra parliamentary bodies before they can have final government approval, contain new rules for asylum seekers and family reunions. They also contemplate stiffer regulations for foreigners from European Union countries wishing to stay in Italy for more than three months; they must now demonstrate that they have sufficient legal income or face expulsion. EU citizens breaking the immigration laws can now also be detained in a CPT pending deportation.
The package of measures does not contain the much-trumpeted nomination of special commissioners to tackle the alleged “Roma emergency” in Rome, Naples and Milan. However, the government has declared a state of emergency in Roma encampments in the three cities which paves the way for granting the competent prefects special powers.
