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Europe Daily Bulletin No. 9935
Contents Publication in full By article 20 / 35
GENERAL NEWS / (eu) eu/jha

Commission to examine Italian arsenal of measures to counter immigration

Brussels, 03/07/2009 (Agence Europe) - The European Commission hopes to assess the “security package” adopted in Italy on Thursday 2 July to check its compatibility with EU law, announced Justice Commissioner Jacques Barrot the same day. “Automatic rules for expulsion of whole categories are not acceptable”, he said during a press conference. He stressed that the EU “did not accept general measures” and that controls should be “individual, targeted and proportionate”. “We have told the Italian government that the law increasing penalties for unlawful immigrants is not applicable to Community citizens and that automatic expulsion after two years of detention was not applicable to European citizens either”, he explained. Mr Barrot did not wish to say more of the laws adopted in Italy on Thursday until his services had been able to study them. The Italian parliament has finally adopted a controversial law which bolsters the arsenal of measures to be used to curb illegal immigration. The Italian Senate adopted the text by 157 votes in favour, 124 against. The new law makes illegal entry or residence in Italy an offence liable to a fine of €5,000 to €10,000. Any person having voluntarily rented accommodation to an illegal immigrant in full knowledge of that person's situation will be liable to three years' imprisonment. The law also authorises mayors to organise unarmed citizen patrols to strengthen security in the streets. It makes presentation of a residence permit or passport compulsory when declaring the birth of a child. Detention of illegal immigrants in centres for that purpose may be extended up to six months (from two months at present). The “returns” directive adopted at the end of 2008 fixes at six months the maximum duration of detention for illegal immigrants before expulsion from the country, this being extended to 18 months in some exceptional circumstances (EUROPE 9802). During adoption of the directive, member states had pledged in a declaration: “The Council states that the implementation of this directive should not be used in itself as a reason to justify the adoption of provisions less favourable to persons to whom it applies”. Although this declaration reflected a political intention at the time of adopting the directive, in particular aimed at reassuring the Parliament, it does not, however, have any political value. (B.C./transl.jl)

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