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Italy: Schengen discussed

01 March 1993

The Italian parliament's discussion on ratifying the Schengen Agreement was passed by the first chamber, the Senate, on 19 November 1992 and moved to the "Camera" (the second chamber) in January. The ratification bill makes some changes to the Martelli law of 1990 which governs the conditions of entry, stay and deportation of non-EC nationals. This law was itself adopted to ensure Italy's accession to the Schengen Agreement. The Senate recommended that the Court of Justice in Luxembourg should determine judicial matter related to the Agreement.

In July 1992 the government introduced a bill on data protection which has yet to be discussed. Italy does not have a law for the protection of personal data which is a prerequisite for participating in the Schengen Information System (SIS). This bill provides for an independent control authority, the 'Garante', but excludes all data on the prevention of crime, public order, internal and international security. These issues are covered by a 1981 law governing the data bank held by the Ministry of the Interior which includes information on policing and non-EC nationals. However, it is thought that this law may not be sufficient to meet the standards set out in the 1990 Schengen Agreement. It is unlikely that the 1 July 1993 deadline for implementing the Schengen Agreement can be met not just by Italy but also by Germany (where an amendment to the Constitution on asylum is required) and other Schengen countries.