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Italy: Schengen discussed (1)

01 January 1991

Italy: Schengen discussed
artdoc May=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.

Statewatch vol 3 no 2 March-April 1993