Conversion of Law-Decree n.133, 5 October 2023

Law No. 176 of 1 December 2023, converting Decree-Law No. 133 of 5 October 2023, containing urgent provisions on immigration and international protection, as well as for the support of security policies and the functionality of the Ministry of the Interior.

Procedures

  • The Chief of Police, after consulting the President of the Territorial Commission, becomes responsible for examining a subsequent international protection request. Filing this request will not interrupt the return procedures unless the Chief identifies new significant factors that could support the request for international protection or prevent expulsion.
  • International protection requests are suspended if the applicant leaves reception facilities without justification. This suspension can be lifted once, within 12 months. The suspension period for potential expulsion is also reduced from 12 to 9 months.
  • The application process will end if the foreign national does not appear for identity verification or to formalize the application.

Unaccompanied Minors

For significant or closely timed arrivals of unaccompanied minors—whether due to sea rescues, border interceptions, or arrivals bypassing border controls—the law provides:

  • Temporary facilities exclusively for minors, or provisional placement in designated areas within adult facilities for minors who initially appear to be over 16 years old. This placement will not exceed 90 days.
  • Public security authorities may carry out anthropometric (body measurement) or medical assessments, including X-rays, to determine age. Immediate notification will be given to the prosecutor’s office overseeing family and juvenile matters, which must authorize the assessment.

Additional Provisions

The law clarifies and strengthens procedures for expelling long-term, non-EU residents in Italy who are subject to non-prison security measures. It also establishes a contingent of up to 20 State Police officers to support Italian embassies and consulates with visa control and verification activities for entry into Italy.