logo

Documento a cura del
Progetto Melting Pot Europa
web site: http://www.meltingpot.org

redazione@meltingpot.org

Home » Archivio legislativo » Guida legislativa

Entry quota as provided for by 2002 flows decree

An important Veneto TAR sentence

13 marzo 2003

As already stated, 2002 flows decree was extended up to March 31 2003.
These quota allows to Regolamento di Attuazione art.39 application, this allows the turning of not allowing to work permits to self employed work, in case quota are available. The authorization can be asked at police headquarters while being in Italy. You just need to go to Local Labour Departments and ask for the release of a note stating the availability of quota.

These quota are being given out by Ministry of Labour only. People have no chance to know how many are left.
Local offices do not act all the same. Treviso Labour Department chose not to release self employed notes on basis of April 29 2002 memorandum, with which ministry of labour gives absurd instructions. The turning is allowed only to foreigners who are living in Italy without being allowed to work. These people need to be in Italy and their entry date must be previous to flows decree enactment. We do not understand the reason of this. It seems that the use of quota is being obstacled.

Local Labour Department in Treviso refused to release notes on self employed quota and this refusal was impugned and appealed against at Tribunale Amministrativo Regionale del Veneto (TAR). The court stated that Minister Maroni memorandum is not prescriptive and since this memorandum cannot be considered a law but it needs to refer to law, TAR decided that Treviso’s measure and also the memorandum are unlawful and therefore unacceptable.
Tar underlines that: “the fact that a person arrived in Italy before the enactment of flows decree quota is not prominet since, in case quota are over, foreigners would be expelled. Respecting quota means respecting law as well. In fact the aim of the decree is regularizing people not putting them in ann awkward situation.”

It is of coarse clear that in case a person lives in Italy holding a turism visa and wants to work he/she could start working and avoiding expulsion if quota are available.
Teviso Local Labour Department is now obliged to respect law and TAR sentence.