“Sanatoria 2020” – Amnesty for undeclared foreign workers (D.L. n. 34 Maggio 2020)
The following article has been posted in Italian with an English translation below: ARTICOLO 103 DEL DECRETO – LEGGE 19 MAGGIO 2020, N.34 – EMERSIONE RAPPORTO DI LAVORO 2020 E’ stata prorogata fino al 15 Agosto 2020 la SANATORIA 2020. La legge ha previsto la possibilità di far emergere i rapporti di lavoro irregolare in essere con cittadini stranieri, nonché di rilasciare permessi di soggiorno temporanei ai cittadini stranieri che ne erano già in possesso, scaduti dal 31 ottobre 2019 non rinnovati né convertiti in...
read moreNew immigration lawyer joins Oliver & Partners
We are pleased to announce a new addition to the Immigration and Citizenship department. Liliana Petrolo is an Italian lawyer with extensive experience in applications for visas for entry to Italy, in particular from non-EU countries, including: visas for re-entry into Italy, for family reasons, study, or elective residence (visto per reingresso, motivi familiari, residenza elettiva e studio); “blue card” applications for skilled workers (carta blu); permits for family re-union (permesso di soggiorno per ricongiungimento familiare);...
read moreExecuting a will in times of social distancing
The EU Succession Regulation 650/2012 (Article 27 (1)) provides that an English form will is valid even if made in Italy, in relation to Italian assets or any property situated in a member state which is a party to the Regulation. According to the EU Regulation, any will or codicil to a will (described as a “disposition of property on death”) is valid, as long as it is made in accordance with the national law of the testator, or the testator’s place of domicile or residence, either at the time of the will or the time of...
read more“Virtual” execution of documents during lockdown
UK qualified Solicitors are frequently being asked during this emergency period to advise on the virtual execution of documents, as well as to witness signatures or certify identity by video conference. Charlotte Oliver and Aleksandra Broom, the Solicitors of this firm, are both available and equipped to use “virtual” or electronic means to carry out the following procedures at a distance: certification of copy documents; certification of identity for UK banking procedures/conveyancing; witnessing signature on Statutory...
read moreUK post-Brexit immigration law
The new post-Brexit immigration bill for the UK has received initial approval by Parliament. The House of Commons approved the general principles of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2019-21 at a second reading of the Bill on 18 May 2020. The aim of the new legislation is to force EU and EEA citizens to meet the same requirements for a grant of entry clearance as third country national applicants. The idea is for all migrants to be ‘highly skilled’. To meet the threshold of a ‘highly skilled’...
read moreTravelling to Italy from overseas
The Italian government has issued new guidelines relating to travelling to Italy from overseas, lifting the restrictions in place due to COVID-19. These are effective from 3rd June 2020. The new rules were published in Article 6 of the Presidential decree no. of 17th May 2020 (see link below to full text of the new law). DCPM 17th May 2020 Article 6 provides that from 3rd June 2020 there is no restriction on travel to or from the following countries: a) Member States of the EU;b) Member states of the Schengen Agreement;c)...
read moreResidence in Italy during transition period
This post sets out the rules for British citizens already resident in Italy, and also aims to give some guidance for those hoping to apply for residence in Italy during the post-Brexit transition period. The UK ended its membership of the EU on 31st January 2020, under the terms of the Withdrawal Agreement concluded on 19th October 2019. We are currently in the transition period, during which time all EU law is still binding in the United Kingdom and applies to British citizens resident in Member States. The transition period is due to...
read moreDecreto Flussi – when are we likely to know the 2020 quota?
Every year the Ministero dell’Interno issues the Decreto Flussi, which is the quota of how many non-EU citizens are allowed to enter Italy to carry out seasonal subordinate work, self-employed work and non-seasonal work from eligible countries. In 2018, the Decreto Flussi quotas were already available in January, with the application being submitted on 31st January 2018. In 2019, they were released on 24th April 2019. 30,850 workers were allowed to enter of which 18,000 were seasonal workers. Many of these worked in agriculture. Among the...
read moreSuspension continues of courts and administrative procedures
By way of update to our previous articles, we confirm that the suspension of Italian court deadlines and all administrative procedures, has been extended by a further month, to further contain the spread of the COVID-19 epidemic (Link to legislation Decreto Legge n. 23 of 8th April 2020.) The suspension was previously ordered up to 15th April 2020. The period of suspension of deadlines in all court proceedings, whether civil, criminal, administrative, tax, or military, now continues up to the date of 11th May 2020....
read moreParental rights in a time of national emergency
The enforced distance between separated parents and their children has obviously been problematic for many families in this emergency situation. The Court of Bari ruled on 26th March 2020 that visting rights of a father with his child, who is resident in another Comune in Puglia, should be suspended. The court observed that the national lockdown measures which had been imposed by the government on movement around Italy in Article 1(b) of D.P.C.M. 22nd March 2020, should be applied rigorously and universally, even if this meant sacrifices...
read moreGuidance on Wills for British citizens abroad
Drawing up a Last Will and Testament where there is an international factor is particularly challenging. This post aims to provide straightforward guidance on wills for British citizens who find themselves outside the United Kingdom at this unprecedented time of the global health pandemic. We are aware that people are unexpectedly facing the question of “worst case scenario” and want to ensure their property and families are protected in case of unexpected death or incapacity. This guidance on wills may be useful for employees...
read moreSuspension of citizenship and immigration applications
The suspension of ongoing administrative procedures, and the extension of deadlines or expiry dates, was formalised by decree dated 17th March 2020, n.70 (more commonly referred to as ‘Decreto Legge Cura Italia’) in response to the COVID-19 epidemic. LINK TO DECRETO: https://www.gazzettaufficiale.it/eli/id/2020/03/17/20G00034/sg By administrative procedures we are referring to applications made to “public authorities” in Italy. This article does not cover administrative proceedings (ie legal proceedings challenging decisions of...
read morePrivate Foundations and the growth of the “terzo settore”
The name “terzo settore” refers to the sector of institutions and legal entities in Italian society which are not connected to either corporate enterprises or to the state. This so-called “third sector” is made up of organisations such as private foundations that are non-profit making (“senza scopo di lucro“) and is gradually replacing the diminishing contribution that the state makes to the welfare of its citizens and the preservation of cultural and historic heritage. In Italy since the 1948 Constitution...
read moreSuspension of the courts continues up to 15th April 2020
The streets of Rome are eerily silent now as the country waits for news daily from the Protezione Civile hoping for reassurance that the numbers of those affected by the epidemic are starting to decrease. Now three weeks into the lock-down of Italy, this article updates our previous article of 9th March to take into account the constant stream of new government guidelines and emergency legislation in relation to legal services. It is business as usual for many key workers in essential industries in Italy, thanks to new innovative ways of...
read moreCourt hearings suspended until 22nd March 2020
No need for panic! Life in Italy is going on almost as normal for most of us at the moment, despite the fact that since 10th March the country is on government-ordered lock-down because of COVD-19. We are just trying to keep healthy and look after our loved ones with a few extra precautions to avoid catching any unwanted germs, and hoping that these measures help restore normality. In our daily work as lawyers there is some obvious unexpected upheaval and we will have to assess on a case by case basis how we should advise our clients to...
read moreInheritance law and estate planning in Italy
There are common misconceptions about inheritance law and estate planning in Italy and what type of will should be made by international residents or property owners, whether a will should be made at all, or whether different wills should be drawn up in every country. There is however no one-shoe-fits-all rule. Advice may differ, and there may be more than one potential solution. Considerations that need to be made include: the persons’ wishes; the next of kin ie spouse, children, siblings, parents where they are resident and/or...
read moreStatute of Limitations
One of the most urgently needed reforms of the Italian criminal justice system is to the Statute of Limitations or the rules on “prescrizione” which determine the date by which a criminal offence can no longer continue to be prosecuted if no verdict has been reached. Legge n. 3 del 9 gennaio 2019 was introduced by the Justice Minister Bonafede of the Five Star Movement and came into force in January 2020. Its main provision would suspend the limitation period once a verdict in the first instance court had been reached. In other...
read moreBREXIT IS REALITY…
The European Union (Withdrawal Agreement) Act became law on 23rd January. The next step will be for the withdrawal agreement to be ratified by the European Parliament, scheduled for 23rd January. The UK is then due to leave the EU on 31st January 2020 under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19th October 2019, and from that date British nationals will no longer be able to enjoy the benefits of being EU citizens. Although the Withdrawal Agreement provides that the transition period (due to end on 31st...
read moreO&P reflections from 2019
We would like to take a moment to reflect on our achievements and developments over the last 12 months before moving onto our new goals for the year to come. 2019 saw the start of the dynamic EU Commission project EULawinEN in which Charlotte Oliver took on the role of trainer of Notaries and Judges in Italy, Bulgaria and Hungary, developing knowledge and shared experience in European inheritance, family and property law. First week of training in Rome at the Fondazione Italiana del...
read moreClimate change legislation
In October the Italian government published the “Decreto Clima” Climate Bill (Decreto legge n. 111 14/10/2019) with which it intends to implement, within 60 days, and invest 450 million Euro, a strategic national programme to tackle climate change and the improvement of air quality, heralding the new legislation as the most ambitious in Europe. The provisions of the new legislation include: Bonus of 1500 Euro for scrapping cars up to Euro 3 Bonus of up to 500 Euro for two speed motorcycles 40 million Euro to the Comuni for car...
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