We shall today study the situation of the rules for the enforcement of law 189/2002, better known as Bossi-Fini law.
We’ve often said that the hardest part of Bossi-Fini law is the elaboration of the so called rules for the enforcement of law which should help in understanding how to apply the new law especially when referring to migrantion flows management and to employing people from abroad (the well known quota). The Conferenza Stato Regioni (the regions-state commitee) is studying the rules and regions adopted a number of proposals which modify and integrate rules in a way that local administrations find it easier to manage the situation.
Many changes are being promoted by regions which are run by different political coalitions, the government is anyway very uninterested in such proposals, it almost ignores them.
These are only some hints of what is going to come out next November 13 during the Conference among state, regions and local authorities.
After this date the rules for the enforcement of the law should proceed in their enacting path. After this, the Council of state wil express its own point of view within 45 days (it will be the end of December by then) then the Council of ministries will definetely deliberate the rules on basis of the opinions, that are not binding, expressed by the unified conference and the Council of state (and it will be January 2004).
The rules will subsequently be emanated by a presidential decree (by February). The court of the accounts will then evaluate the lawfulness of the rules, the court can take 45 adys in the evaluation but delays are possible in case more studies are necessary (March/April 2004).
This is the course rules need to pass through before their enactment which should come by the end of may 2004 unless the Court of the accounts doesn’t find lawfulness questions or matters.
The rules concerning asylum will take even more, it should be enforced after 90 days the rules for the enforcement of the law (July, August 2004). Rules on asylum imply the fact that territorial commisions will be opened in order to quickly evaluate asylum applications at borders.
In brief the rules for the enforcement of the law should be ready the beginning of summer 2004.
In the meanwhile the government hasn’t so far examined the new 2004/2006 migration policies programmatical three-year document. This document is required by law and the Commision on integration policies should prepare it but such commission hasn’t been functioning since March 2001. In the absence of this document no flows decree could be approved of in year 2004.
In other words, according to actual law, which is a mirror of today’s government majority, the migration policies programmatical three-year document should come approved of before 2004 flows decree.
This makes it clear that awaiting times are still long and next flows decree won’t soon come, as many thought and hoped.
Delays will make regular entries and working very difficult, therefore new forms of clandestinity are to increase numbers of exploited people.
What we fear of is that exploitation will increase because of the risks employers run in hiring irregular workers since sanctions (both towards employees and employers) are stronger (consolidated act art. 22 paragraph 12). The hardening of sanction will worsen living conditions of the newly arrived in Italian territories.