The Senate approved the Cutro decree with 92 votes in favor and 64 against. The government provision now passes to the Chamber, which must convert it by 10 May.
“There is no reverse, there is a parliamentary confrontation. When trust is established, no one discusses, you just vote. This time we discussed and the discussion is used to listen, not to insult”. Maurizio Gasparri said this in the Senate Hall, announcing Fi’s vote in favor of the Cutro decree, referring to yesterday’s modification of the unitary amendment by the majority on special permits. “There was no backtracking – he insisted – because the restrictive rules remained in the text. There was a discussion with the government, with whom we agreed on the rules”.
“This government and this majority only know how to evoke fear and create fear. In the decree against which we fought hard, there is an entirely ideological approach that does not give answers to tragedies such as those of Cutro and does not provide any government strategy for tackle a structural phenomenon. The only effect of this decree will be to create more illegal and more undeclared work”. Thus the president of the senators of the Pd Francesco Boccia comments on the approval of the Cutro decree in the Senate. “This is an irresponsible and inhuman decree. In fact, what are – Boccia asks – the reasons of necessity and urgency to abrogate the special protection that protects the right to life, guaranteed by the Universal Declaration of Human Rights and by the Fundamental Charter of the EU? There are none. But evoking this choice only serves to make a ferocious face and to make Salvini happy. We are facing a right that knows how to be very tough against the weak and desperate who cannot defend themselves”. “The government and the majority – he continues – are well aware that a complex and structural phenomenon such as immigration cannot be tackled with superficiality and demagoguery. But since they have to cover up their inability to deal with economic emergencies, in deciding what to do with projects of the PNRR, in trying to stop inflation, play on fear, hide behind an uncomfortable issue such as migrants to make it an opportunity for easy consensus”, concludes Boccia.
DL MIGRANTS: WHAT CHANGES IN THE SPECIAL PERMITS
The Cutro decree, as modified in the Senate by the amendment of the majority, while maintaining the special permits, circumscribes them and eliminates the possibility that they can be converted into residence permits for work reasons, if the foreigner finds a job. The text approved by the government precisely in the Council of Ministers held in Cutro, modifies article 19 of the framework law on immigration, eliminating the prohibition of expulsion or expulsion “of a person to a State if there are reasonable reasons to believe that the expulsion would result in a violation of the right to respect for his private and family life” unless “national security, public order and safety or the protection of health” is jeopardised”. For the purpose of assessing this risk, “the nature and effectiveness of the family ties of the interested party, his effective social integration in Italy, the duration of his stay in the national territory as well as the existence of family ties” had to be assessed and taken into account , cultural or social with his country of origin”. The rule repealed by the decree had been introduced by the Lamorgese decree, to implement Italian jurisprudence (the last sentence of the Cassation is from 2022) and a sentence of the Cedu of 2019 which had given Italy back. The Gasparri amendment initially asked to eliminate from this article 19 of the Framework Law, also the obligation in rejections and expulsions to respect international treaties, but this point was removed from the amendment. A further modification, still in article 19, concerns the prohibition of expulsion of persons who are in “serious psycho-physical conditions or deriving from serious pathologies”; the term “serious psychophysical conditions” is repealed while “particularly serious pathologies, not adequately treatable in the country of origin” remain. For those who benefit from this special permit, the Gasparri amendment eliminates the possibility of transformation into a permit for work reasons. Furthermore, for foreigners who are granted permission because there has been “a serious disaster in their own country that does not allow for safe return and permanence”, the centre-right’s amendment provides that this disaster must not be “serious” but “contingent and exceptional”. Furthermore, according to the rules introduced by the Senate, the permit can be renewed for only six months (compared to the 6 months of the first concession) and cannot be transformed into a permit for work reasons. A transitional provision has also been introduced which allows for the application of the “previous regulations” for applications presented before the approval of the decree.
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