Referring to the article "Brief Reflections on International Protection in Europe – Part Two," published in the spring edition of the International Law News, this addendum addresses that Decreto Legge 20/2023, converted into Legge 50/2023, which has established more restrictive rules on irregular immigration.
The same law seems to have expanded the flows of regular entry for work reasons for the period 2023-2025 in favor of citizens of countries that organize job training courses on site. It has also set entry quotas reserved for citizens of countries that, also in collaboration with Italy, will have promoted media campaigns about the risks to personal safety deriving from irregular migration practices.
As for humanitarian protection, to be defined more correctly as "special protection," it has been partially modified. In particular, the special protection must be granted with an “ad hoc” two-year residence permit and the prohibition on expulsion, refoulement, and extradition for special protection are established only in the following cases:
a. risk of persecution on grounds of race, sex, language, citizenship, religion, political opinion, personal or social conditions, sexual orientation and gender identity;
b. risk of torture or inhuman or degrading treatment;
c. constitutional or international obligations, including those referred to in Art. 8 of the European Convention on Human Rights, which establishes the right to respect for private and family life. This right includes the right of the individual to forge and maintain links with the outside world, including social relationships established in the workplace. Great importance must therefore continue to be given to the social links of the foreigners in Italy, also on the basis, for example, of their knowledge of the Italian language, their educational improvements and their family relationships.
