Thursday, October 07, 2010

Court of Cassation: Expulsion order without reason invalid



Friday, 22 January 2010
It must indicate why it’s not possible to detain illegal immigrant.

13th January 2009: Each time the Provincial Police Commissioners issue an expulsion order to an illegal immigrant, they must justify why it is issued, otherwise it is not valid, the Court of Cassation (the highest court of appeal) has said. The ruling was published on 9th January 2009,

Almost a year ago, the Tribunal in Verona acquitted a foreigner without Permit of Stay who failed to obey an expulsion order by the Provincial Police Commissioner, to leave the country within five days. According to the judge, the order lacked justification because the Provincial Police Commissioner simply stated that it wasn’t possible to detain the foreigner in question at the temporary detention centre.The public prosecutor of Verona appealed against the sentence but the Court of Cassation rejected the appeal.

In order to ensure that the order is valid, it is necessary for the expulsion order to clearly state the reasons, it is not enough to literally reproduce what the law states without clearly indicating why it is impossible to detain the illegal immigrant.

In this case the Provincial Police Commissioner was supposed to clearly state that it was impossible to detain the foreigner in the temporary detention centre (for example, because there was no room) without limiting himself to saying that it was not possible to do so.

Conversion of foreign driving licences


Wednesday, 10 March 2010 

In order to drive in Italy, one needs to have a valid driving licence issued by the Dipartimento Trasporti terrestri del Ministero delle Infrastrutture e dei Trasport (ex Motorizzazione Civile). 

Foreign citizens who have not been residents for more than a year can drive in Italy using the driving licence or international driving licence issued by their home countries. 

For them to do so, the driving licence must be accompanied by an official translation in Italian. The translator must first translate the original licence then go to officially swear before a notary or the Italian courts attesting to the accuracy and fidelity of the translation. The translation can also be authenticated at the foreign citizen’s Embassy/Consulate in Italy. In this case the signature of the Embassy/Consulate official must be authenticated at the Prefecture. 

If you’ve been a resident in Italy for more than a year, you can longer drive using your foreign driving licence. You must therefore apply for its conversion into an equivalent Italian driving licence. 


Conversion can only be done if there is a bilateral agreement between your country of origin and Italy on the conversion of driving licences. 

· Countries with bilateral agreements with Italy on conversion of driving licences 

Algeria, Argentina, Austria, Belgium, Cyprus, Croatia, Denmark, Estonia, El Salvador, The Philippines, Finland, France, Germany, Japan, Great Britain, Greece, Ireland, Iceland, Lebanon, Liechtenstein, Lithuania, Luxemburg, Macedonia, Malta, Morocco, Moldavia, Norway, Holland, Poland, Portugal, Principality of Monaco, Czech Republic, Republic of Korea, Slovakia, Romania, San Marino, Spain, Slovenia, Sweden, Switzerland, Taiwan, Tunisia, Turkey, Hungary. 

For Algeria, the agreement is valid for five years from 15th August 2009. 

Conversion of licenses issued by Sri Lanka has been suspended until the agreement is finalised. 

There are some countries (Canada, US, Zambia, Chile) whose driving licences can only be converted for some categories of citizens such as diplomats and their families, or citizens on government mission. 


  •  How to apply 

The application for conversion must be presented to the local offices of the Dipartimento Trasporto Terrestri.

The application can be submitted by the licence holder by showing a valid ID document, or by someone else with a written delegation and a copy of the licence holder’s valid ID document. 

Driving schools and automobile consultant offices can also submit the application on behalf of the foreign citizen. In this case they have to a present a written delegation and a copy of the licence holder’s valid ID document. 

Non-EU foreign citizens are required to show the original and a copy of valid Permit of Stay, both at the time of submitting the application and at the time of collecting the Italian driving licence.

In case the application is submitted by a delegate, a copy of the Permit of Stay of the licence holder must be attached to the application together with a substitutive declaration proving the conformity of the copy to the original. 

The application must be submitted on Form TT 2112 (distributed freely at the office mentioned above) filled in and signed according to the instructions contained therein. The following must be attached: 


  • Proof of payment of 9 Euros on current account number 9001. 



ü Proof of payment of 29,24 on current account number 4028 (the deposit form is already pre-printed and you cannot use the blank ones available at the post office). 



ü A Substitutive declaration of certification using a specially prepared form in which you indicate the following information: current residence, date, month, year, the first place in which you obtained the Italian residence status, the foreign country you arrived from (this is very important because conversion of the license can only be done if it was obtained before you became a resident in Italy) 




  • Stamped medical certificate (and a copy) with photos, which should not be more than six months old, issued by a medical doctor 




  •  Two identical, recent passport size photographs on white background, without headcoverings. One these photos must be authenticated. Photos printed on thermal paper are not accepted. The applicant may be asked at the counter to prove the authenticity of the photo. If the application is being submitted by a delegate, then the photo can be authenticated by a notary or at the City Council. 




  •  The original foreign licence which must be valid, and a photocopy, plus the translation. The official can ask the Italian Embassy/Consulate in the country where the licence was issued, to verify if it is authentic. 




  • Copy of the fiscal code. 

Once Italian driving licence is issued, the foreign driving licence will either be collected or sent to the Embassy/Consulate of the country that issued it. 

If a foreigner has been resident for more than a year and is caught driving using a foreign licence issued by his home country, he can be subject to an administrative fine and others foreseen by the law for those driving without a driving licence. 

The person will be liable to a fine ranging from 155,00 to 624,00 Euros, and the licence will be withdrawn. 
If one is caught driving without a licence, whether the licence was withdrawn or expired but the holder failed to renew it, he’ll be liable to a fine ranging from €2,257,00 to €9,032,00 Euros. 

And should one repeat the same mistake within two years, the person will be liable to a prison sentence of up to one year. 

The vehicle will also be banned from circulation for three months, and if the mistake is repeated, it will be confiscated. 

In case it is not possible to either ban the vehicle from circulation or confiscate it, then the driving licence will be suspended for a period ranging from three to 12 months.


Wednesday, October 06, 2010

25% of new babies in Italy are foreigners


  Twenty five percent of new born babies have foreign parents and almost 30% of young people aged between 25 and 29 years old are immigrants, a new survey on the population of Turin has revealed.In spite of the high number of new immigrants in Italy, the population of the country is not growing at all. In a place like Turin where there are 88,394 foreign residents, the general population of the residents in the city has grown by just 7,954.

According to the Registry Office of the City Council of Turin that carried out the survey, the population of the city between 2003 and 2009 has got to a point of no growth.

The survey also revealed that immigrant women are now giving birth to less children, compared to their fellow citizens back home. Their birth rate has decreased by 0,6% from 2,7 in 2004 to 2,1 in 2008 while the birth rate of Italian women is 1,4.

At the same time, the report revealed that the number of young people aged between 25 and 29 years old has decreased by 19,4% while that of those aged between 30 and 34 years old has decreased by 16,1%.

The population of adults aged over 79 years old has increased by 24%, reaching 60,571 in 2008 from 48,789 of 2003.