The news of the changes to the safety decrees

The news of the changes to the safety decrees

Despite introducing several changes, the new Conte-bis government decree-law outlines a regulatory framework not too far from the Salvini decrees, which are only reformed

(photo: Gabriele Maricchiolo / NurPhoto via Getty Images) In the evening on Monday 5 October the Council of Ministers approved the new decree-law, proposed by President Giuseppe Conte and Interior Minister Luciana Lamorgese, on the subject of “Measures for the security of cities, immigration and international protection '. A long-awaited provision, which however does not actually repeal Salvini's safety decrees but only makes some changes, leaving many provisions unchanged: let's make a point.

Changes in immigration

The mechanism of humanitarian protection - now renamed "special" - is back in force, for those exposed to the risk of "inhuman or degrading treatment" and violation of the right to respect for one's private and family life in the event of repatriation. Still on the subject of the legal status of migrants, residence permits issued for reasons of special protection, calamity, elective residence, acquisition of citizenship or statelessness, sports activities, artistic work, religious reasons and assistance to minors are added to the types convertible into work permits.

Within the new "Reception and Integration System" intended for applicants for international protection and holders of protection, first aid activities will continue to be carried out in ordinary and extraordinary government centers. The system will then be divided into two levels of services: the first dedicated to applicants for international protection, the second to those who already own it, with additional services aimed at integration.

The maximum waiting times for the evaluation of citizenship applications are reduced from four to three years (while Salvini's decrees provided for only two), with other measures such as increasing the contribution to 250 euros for the application and the possibility of revocation of citizenship remained substantially unchanged. Instead, the maximum length of stay within the detention centers for repatriation (CPR) will be reported from 180 to 90 days, extendable by another 30 days if the detainee is a citizen of a country with which a repatriation agreement exists.

The rules for NGO ships

With respect to the sanctions relating to the transit of ships in the territorial sea, the prohibition measure is adopted in the event that there are reasons of public order and safety or violation of the rules on the smuggling of migrants by sea, on the proposal of the Ministry of the Interior. The prohibition discipline will not apply to rescue operations of migrants if the instructions of the competent authority for search and rescue at sea are respected, subject to communication to the coordination center and the flag state. In case of violation of the transit ban, reference is made to the current regulations of the navigation code, which provides for imprisonment of up to two years and a fine of between 10 thousand and 50 thousand euros. The penalties introduced previously are therefore eliminated, but NGO ships may still be subjected to administrative detention for technical and procedural irregularities.

Changes in terms of security

The so-called "Urban Daspo" is reinforced, allowing the police chief to apply the ban on access to public places even to those who have reported a complaint or conviction non-definitive relating to the sale (or transfer) of drugs during the last three years. In addition, action is taken on the penalties for violations of the ban, with a penalty that includes imprisonment from six months to two years and a fine from 8 thousand to 20 thousand euros. The blackout mechanism, already used to combat online child pornography, is then extended to all websites that are believed to be used (on the basis of objective elements) to commit drug offenses.

The crime of road blocking is confirmed - referring to anyone who blocks or obstructs road traffic - which had been reintroduced by Salvini decrees after decriminalization in 1999. Provisions are also foreseen to make the exercise of activities more effective of the National Guarantor of the rights of persons deprived of personal liberty, as well as a strengthening of the sanctions applied in the case of communications from prisoners subject to the restrictions referred to in Article 41-bis of Law no. 354 of 1975. A new type of crime is on the horizon to punish anyone who introduces or holds cell phones or mobile communication devices in prisons.

Finally, with what has already become the "Willy norm" in the media (where the reference is to Willy Monteiro, killed last month during a brawl in Lazio) the penalties for those involved in scuffles are exacerbated violent: if someone is killed or personal injuries, the mere fact of having participated in the fight itself becomes punishable by imprisonment from six months to six years.

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