When talking about underage citizens coming to Italy alone we need to consider all changes introduced by consolidated act art. 32 which provides for the chance to authorize the release of residence papers on basis of a working contract or study when the interested person turns 18. Another fact, stated in Bossi-Fini law, must be taken into consideration.
Former art. 32 stated that once underage citizens whose custody was granted – according to underage guardianship law 184/83 – turn 18 a residence permit can be released on basis of study matters, of surbordinated or self-employed work, of health matters. Today this permit is still not linked to flow decree quota entries. Many difficulties have always occurred in the release of this permit, in fact police headquarters thought that papers could only be released when underage people were granted custody by courts.
Law subsequently underlined that there’s no diference between court or ordinary judge decisions. TAR in Piemonte (sentence n. 952/2002) and in Toscana (n. 880/2002) had to sentence on such a matter. All underagers hold the right to papers when turning 18 years old. Police headquarters had to evaluate the person integration in society.
Despite the quoted sentences, police headquarters kept their attitute towards papers release. Constitutional court sentenced (June 5 2003 sentence n. 198) the same as Tar courts.
A recent ministry of interior memorandum – which we haven’t so far read – underlines that what stated by Constitutional court is lawful. It also underlines that all underagers having turned 18 before actual law enactment hold the right to resince papers conversion. Ministry therefore states that residence papers released to underagers who turned eighteen before Bossi-Fini law enforcement are to be turned into work residence permits.
Does it means that the ones released to underagers after the enactment of the new law are not to be converted? Memorandum shows a sort of resistance against the application of Constitutional court sentence, unchanged by Bossi-Fini law. Consolidated act art. 32 was changed by Bossi-Fini law in the sense that another possiblity in the turning of the quoted permits can occur. Therefore nothing should entitle anyone to the denial of papers conversion.
Bossi-Fini law added to consolidated act art. 32 paragraph 1 another paragraph – p. 1bis – which provides for that: “study or work residence papers can be released to underagers who turned eighteen (unless repatriation was ordered by the foreign underage citizens commitee) in case they have been involved for at least two years in public or private social integration projects…”
Paragraph 1 bis nowhere says that underagers custody is granted by juridical authorities, it considers the fact that they have been following integration projects. Foreign underagers must have been living in Italy for at least three years, as stated in the subsequent paragraph 1ter, and the project must have involved them for at least two years. And this is slightly different from what paragraph 1 states.
We’ll try to sum this up – Paragraph 1 provides for that conversion of papers can occur in case of underagers whose custody was granted by juridical authorities, paragraph 1bis provides for the conversion of permits in case of integration projects.
Two broadly different situations. In theory, underagers who are not being granted custody could have their papers turned if they have been following integration projects apart from juridical authorities intervention.
Ministry of labour released a note which states that paragraph 1bis doesn’t change paragraph 1, it only adds another hypotesis that integrates rules. This note makes us believe that what sentenced by Constitutional court remains unchanged. The first hypotesis is not in contradiction to the second therefore we do not understand Ministry of interior memorandum interpretation.
It is in fact important that underagers are taken away from any possible exploitation via integration projects, it will then be also important to help them following such projects. What sense would it have to be involved in projects if they are expelled when turning eighteen just because police headquarters deny to turn residence papers.
At the moment policies that are being followed are contradictory. The main need is freeing underagers from exploitation and involving them in integrating projects and paths. It is obviously self evident that in case they start project but they may be expelled when turning 18, this involvement could be seen less charming than remaining in clandestinity and trying to avoid expulsion. Projects can be seen as a way of expelling people when old enough.
Our web page offers an interview with Gianluca Vitali from Torino who reports of the weaked use of underagers first accomodation centres in his city. Vitali also suggests some real politics to integrate in society exploited underage citizens.