The first round of the justice-migrants decree in the Senate concluded with a confidence vote, unexpectedly called by the government. The chamber approved it with 92 votes in favour and 63 against. It will now move to the Chamber of Deputies, where it will face tight deadlines to be converted into law before the 11 August deadline. The base text was thus passed without any of the more than 400 amendments proposed for the floor, all of which lapsed.
The confidence vote thereby defused the bitter clash that had pitted Brothers of Italy (FdI) against Forza Italia (FI) for days, with the two parties at opposite ends of the spectrum over the extension of wiretapping. Through an amendment already tabled in committee, the Melonians had sought to allow wiretaps to be used as evidence in investigations other than those for which they were authorised, and for offences serving as indicators of Mafia activity. Forza Italia was opposed. The confidence vote also swept aside the corrections sought by the Lega on 'points-based' residence permits for migrants over the age of 14 (with credits based on knowledge of Italian and the principles of the Constitution, for example) and on tightening rules on family reunification for foreign nationals.
Comprising 18 articles, the decree contains provisions on both the judicial system and the legal profession, as well as on immigration (asylum procedures, returns and border controls), transposing the directives of the European Pact on Migration and Asylum. Among the new measures, a notable one concerns the State bar examination for lawyers: it will be held in a single annual session, with two written tests (currently three) and one oral. On the functioning of justice, the decree extends until 31 December 2026 the tenure of adjudicating magistrates in the same office, in order to avoid staffing shortfalls and operational slowdowns. Other measures concern justices of the peace, aimed at strengthening the organisation and competencies of those offices. The decree also addresses the digitalisation of justice administration, allocating €6.5 million for 2026, €30 million per year from 2027 to 2034, and €12.5 million annually from 2035 onwards.
On the immigration front, the rules governing documents issued to those applying for international protection are being changed, as are those on declaring one's domicile or residence, which must be provided at the time of registering the application. The period during which applicants for international protection are barred from working is extended from 60 to 90 days (from the formalisation of the application).
Furthermore, border asylum procedures become mandatory and must be completed within a maximum time limit. Regarding the possibility of detaining those who have applied for international protection, a prohibition on detention based on nationality is now added, and the facilities available for detention are expanded, including those in border zones.
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