LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006

LAPs & RAPs: Third Peer Review Exchanges Workshop Lisbon 16th-17th November 2006

THIRD PEER REVIEW EXCHANGES WORKSHOP: Integration of immigrants

LISBON, 15TH - 18TH NOVEMBER 2006

Italian Perspective: Trends, Issues and Key Measures Giulia Zacchia

Rome, Brodolini Foundation


Italian Perspective: Trends, Issues and Key Measures

•Description of the migration trends in Italy in the last years

•Normative evolution about migration

•Actual law on migration (Bossi-Fini Law)

•Future trends…


MIGRATION IN ITALY: TRENDS 1992-2004

250.000350.000450.000550.000650.000750.000850.000950.000

1.050.0001.150.0001.250.0001.350.0001.450.0001.550.000

resid

ence

per

mit

hold

ers

total male femaleSource: Istat


FOREIGN LABOUR FORCE IN ITALY 1992-2004

100.000200.000300.000400.000500.000600.000700.000800.000900.000

1.000.0001.100.0001.200.0001.300.0001.400.0001.500.000

resi

denc

e pe

rmits

for

wor

k

Total male femaleSource: Istat


Stock of foreign population as a % of total population EU-15, 1995-2003 (per cent)j 1995 1996 1997 1998 1999 2000 2001 2002 2003

Austria 8.5 8.6 8.6 8.6 8.6 8.7 8.9 9.1 9.4 Belgium 9 9 8.9 8.8 8.8 8.4 8.2 8.2 - Denmark 4.3 4.5 4.5 4.7 4.9 4.9 5 4.9 5 Finland 1.3 1.4 1.6 1.7 1.7 1.8 1.9 2 2.1 France - - - - 5.6 - - - - Germany 8.8 8.9 9 8.9 9 8.9 8.9 8.9 8.9 Greece 1.4 1.5 1.5 - 2.8 2.6 7.3 3.9 3.9 Ireland 2.7 3.2 3.1 3 3.2 3.3 4 5.8 5.6 Italy 1.7 1.9 2.2 2.2 2.2 2.4 2.4 2.6 3.8 Luxembourg 32.7 33.6 34.3 35 35.8 36.8 37.5 37.5 38.9 Netherlands 4.7 4.4 4.4 4.2 4.1 4.2 4.3 4.3 4.3 Portugal 1.7 1.7 1.7 1.8 1.9 2 2.3 - - Spain 1.3 1.4 1.5 1.8 2 2.2 2.7 3.2 4 Sweden 6 6 5.9 5.7 5.5 5.4 5.4 5.3 5.3 UK 3.3 3.3 3.5 3.7 3.7 3.9 4.3 4.5 4.8 EU-25 6.2 6.4 6.5 6.9 6.7 6.8 7.4 7.7 8.0

Source: OECD Sopemi


Italy: Stock of foreign population as a % of total population by macro areas (31/12/2005)

1,0%1,5%2,0%2,5%3,0%3,5%4,0%4,5%5,0%5,5%6,0%6,5%7,0%7,5%

North West North East Centre South Total

Total Female Male

Source: Istat, bilancio demografico 2005


MIGRATION: ITALIAN NORMATIVE EVOLUTION

Peculiarity of the Italian migration Peculiarity of the Italian migration legislations:legislations:

Every new law on immigration introduced a

regularization of irregular migrants working in Italy:

1986 regularization introduced by law no. 943/1986 1990 regularization introduced by the Martelli law-

39/1990,1998 regularization by the Turco-Napolitano law-40/19982002 regularization by the Bossi-Fini Law –189/2002



19861986law no. 943/1986: first law on migrationlaw no. 943/1986: first law on migration • implementation of the principles of the International Convention no.

142/1975 of the ILO on the protection of immigrants on the labour market and the repression of trafficking

• introduction statements about the condition of foreigners working in our country:

equal treatment in relation to labour market and access to services, the removal of obstacles preventing the full assertion of their rights.

It has been recognized the claim of family reunificationsfor matching the foreign labour domain and offer:for matching the foreign labour domain and offer: • the employments of workers from abroad was allowed only after

verifying that Italian workers weren’t available• for the immigrants: the opportunity of finding a new job registering

oneself as an unemployed in the employment list after a job loss• first regularization program for migrants irregularly present in ItalyProblem:Problem:Inadequate: lack of rules regarding the entrance and residence of foreign

citizen



19901990law no. 39/1990 Martelli lawlaw no. 39/1990 Martelli law first attempt to regulate immigration in a systematic way Introduce:• a quota system with inter-ministerial decrees• regularization based on a lower level of selectivity

Problems:Problems:• lacked adequate measures for the integration of immigrants,

focusing only on the control of entry and expulsion;

• ineffective quota system since the decree was usually issued

in late



19981998law no. 40/1998 Turco-Napolitano law

Social Economic Integration Oriented Legislation 3 goals:• a fair planning of entrances within the annual fixed quota• an effective policy again illegal migration and its exploitation• the removal of obstacles to the full integration of immigrants through a social

integration policy.for matching the foreign labour domain and offerfor matching the foreign labour domain and offer • a three years government program about migration measures • diversification of ways of gaining access the labour market• abolition of the reciprocity clause• introduction of the residence permit for looking for job: NGOs, local authorities,

Italian or foreigner citizen (residents for more than 1 year) can “sponsor” a foreign worker for the purpose of seeking employment. The length of this residence permit was of 12 months

• permanent residence permit (carta di soggiorno) after 5 years. • in the quota system a defined number of entries is kept for citizens of countries

that signed bilateral cooperation agreements for migration with Italy



for social integrationfor social integrationIntegration = “that process of non discrimination and inclusion of

differences”Social integration policy 3 areas:• information policy aimed to depress prejudices • grant equal opportunities and condemn any form of discrimination in

the access to services such as the national health service, education and housing

• recognition of the civil rights and the right to participate in the public life



20022002law no. 189/2002 Bossi-Fini lawlaw no. 189/2002 Bossi-Fini law

PProtection and Control of the New Flowsrotection and Control of the New Flows Oriented Legislation Oriented Legislation• new residence contract (contratto di soggiorno) tie more

strictly to job contract • abolition of the “sponsor system” and of the looking for job

residence permit priority to workers trained abroad before migrating to

Italy• reduction of the length of non EU unemployment from 1 year to

6 months • increase of time constrains for the residence card (from 5 to 6

years)• creation of an unified office for migration (known as sportello

unico per l’immigrazione) in order to simplify the procedures • stricter expulsion procedures • the larger regularisation than ever


MIGRATION: ACTUAL ITALIAN NORMATIVE

Once a foreigner has achieved the status of “resident immigrant” he/she has the same rights and duties as Italian citizens. The same applies to tax contributions as well as the duties and benefits of the welfare system.Even illegal migrants have access to health care services

Residence permitsResidence permits::

•for visits 3 months •for seasonal work, up to 9 months •for study 1 year •for permanent employment or family reunification 2 years. Foreigner who have been legally resident in Italy for at least 6 years can apply the residence card (carta di soggiorno) that exempt the holders from visa requirement Quota system includes:Quota system includes:•seasonal workers, that can stay from 20 days to 9 months•self employed workers who have to demonstrate to have sufficient financial means and the professional background required (the permit lasts up to 2 years) •employees (up to 2 years) who must have received an offer of employment


BOSSI-FINI LAW SYSTEM FAILURES

1. The annual quota system turned in a periodical regularization of migrants already present illegally in Italy

2. The actual system of residence permits, tying more strictly entry and residence to work, in presence of an increasing flexibilisation of the Italian labour market, produces inefficiencies and promotes illegality among the migrants that lose their job.

3. The inefficiency of the quota system in the matching of the migrant labour domain and offer.

4. The severe expulsion system confirmed its inefficacy in particular about the problem of identification


MIGRANT LABOUR MISMATCH

Identify the labour mismatch in terms of lack of coordination between the immigrant labour demand and offer.

How the annual quota met the entrepreneurs needs in the last

years?

Mismatch = exceeding potential domain on offer Problem: lack of sources about migration so we concentrate on non

seasonal workers MIGRANT LABOUR DOMAIN: source Excelsior Information

System expected hiring of non EU workers declared by

entrepreneurs

MIGRANT LABOUR OFFER: quota authorized of non EU non seasonal workers

+ residence permits for seeking work


% LABOUR MISMATCH 2003 2004

• gfd

20%

30%

40%

50%

60%

70%

80%

2003 2004

Italy North-West North-East Centre South


% increase of residence permit holders after the 2002 regularization (law 401/1998 and 222/2002) in the Italian

regions.

g

% increase of residence permit holders for work after the 2002 regularization

Male female Total male Female Total Piemonte 51,52% 45,88% 48,78% 64,99% 134,72% 85,13% Valle d'Aosta 27,55% 19,13% 23,24% 34,74% 67,55% 43,68% Lombardia 47,15% 35,14% 41,63% 58,65% 94,65% 68,78% Bolzano-Bozen 10,03% 10,07% 10,04% 12,77% 28,10% 16,60% Trento 13,36% 25,59% 18,80% 15,75% 85,07% 31,09% Veneto 39,28% 36,38% 37,98% 47,94% 115,94% 63,95% Friuli-Venezia Giulia 15,93% 16,67% 16,28% 23,12% 63,41% 33,64% Liguria 47,54% 46,28% 46,88% 70,92% 141,48% 95,35% Emilia-Romagna 34,64% 40,25% 37,16% 42,83% 116,37% 61,88% Toscana 45,97% 39,09% 42,50% 62,45% 117,63% 79,82% Umbria 36,94% 47,38% 42,28% 49,82% 142,85% 79,55% Marche 27,72% 31,76% 29,69% 36,70% 108,43% 56,09% Lazio 49,79% 44,86% 47,18% 87,60% 107,56% 96,61% Abruzzo 47,49% 41,79% 44,50% 67,55% 164,34% 95,12% Molise 43,83% 40,09% 41,71% 70,00% 213,33% 110,39% Campania 108,41% 103,85% 105,79% 152,11% 319,36% 215,63% Puglia 46,81% 30,40% 39,42% 68,47% 115,02% 79,66% Basilicata 63,69% 65,66% 64,60% 88,14% 299,44% 132,37% Calabria 69,69% 97,02% 81,30% 132,24% 291,98% 183,02% Sicilia 42,63% 21,83% 32,43% 55,90% 72,80% 60,53% Sardegna 28,48% 19,84% 24,01% 42,46% 95,70% 55,73% ITALY 44,75% 41,19% 43,03% 60,14% 118,91% 77,95% North-West 48,00% 38,35% 43,47% 60,54% 106,48% 73,72% North-East 31,92% 33,42% 32,60% 39,94% 104,21% 55,85% Centre 45,28% 42,20% 43,69% 69,96% 112,05% 86,10% South 74,39% 75,95% 75,19% 110,42% 255,83% 156,70% Islands 40,05% 21,44% 30,83% 53,70% 76,16% 59,77%


For the future?Notes on the immigration law reform by the left wing Government

"Note per la riforma del Testo Unico dell’Immigrazione" by Amato, Minister of the Internal Affair, October 2006

The new guidelines for the reform of the The new guidelines for the reform of the migration law: Protection vs Integration migration law: Protection vs Integration

In order to reduce the mismatch1. more flexible quota system:

– improving the medium-long planning Government decree for three years quotas concerning entry not

more for each year– simplifying the quota adjustment:

possibility of reduce or increase the number of entrances according to the national needs

2. employment lists abroad, in the Italian Embassies in loco selection that will reward inscription seniority and attendance

of training courses organized by a private or public Italian agencies

controversial: no transparent process

3. the re-introduction of the “sponsor” completely new from the one introduced by the Turco-Napolitano law,

addressing more on the UK systemthe sponsor can be only public or private agency no singular person


/ re-introduction of the “sponsor”

the sponsor will act as a intermediary in the labour market:-knowing the entrepreneurs requests, it will choose some

workers from the employment lists and it will help them in the process for obtaining a residence permits for seeking work

-then it provides the foreign worker for a trial period to the entrepreneurs who can decide to hire the worker (conversion of the residence permit) or not.

-in the latter case the sponsor will try to find a new employer (for max 1 year)


More…

Expulsions Reduced sanctions for the migrants that collaborate (i.e. for the

identification)

Centre of temporary permanenceThe detention limited to the cases of maximum social

dangerousness (“piùinclini all’illegalità e di più elevata pericolosità sociale")…vague

Following the EU guidelines • Residence Card (Carta di soggiorno) after 5 year (no more 6)

continuous residence in Italy• Simplification of the family reunification procedures for

children • 1 year (no more 6 months) for looking for a job • The need of a wide agreement between EU and Libia• Italian citizenship after 5 years (no more 10)


Thanks for your attention

for more info: [email protected]

Documents

LAPs & RAPs: Third Peer Review Exchanges WorkshopLisbon 16 th -17 th November 2006