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On the 9 july 2020, the Constitutional Court examined the questions raised by the Courts of Milan, Ancona and Salerno as to the constitutionality of the provision that bars asylum-seeking foreigners from registering with the Italian Registry Office, a provision that was introduced into the legal system with the first "Decreto sicurezza" ("Safety Decree", Decree-Law No. 113 of 2018).

Pending filing of the judgment, the Press Office of the Constitutional Court informs the public that the Court did not find the challenged provision to contrast with Article 77 of the Constitution, according to which decree-laws must meet the criteria of necessity and urgency. 

However, the Court declared the provision unconstitutional in light of Article 3 of the Constitution, in two respects. First, the provision at issue is intrinsically irrational, because it does not facilitate pursuit of the Decreto sicurezza's declared aims of controlling the territory. Second, it gives rise to an unreasonable difference in treatment, because it unjustifiably hinders asylum seekers' access to the services to which they are entitled.

9 July 2020