EC v. Italy

Anti-Roma Measures Violate European Law

Roma in Italy are facing a wave of hostility, as fears of immigration from other EU countries are exacerbated by government-controlled media and used to justify racist policies. An emergency decree in 2008 led to a census of all Roma in Italy and the creation of an ethnic Roma database. Italy’s 2009 Security Package seeks to criminalize migrants and those who assist them, and to expel Roma from Italy. To prevent further discrimination against Roma, the European Commission must declare the actions of Italy to breach European law and refer the case to the Court of Justice of the European Union.

Facts

In May 2008, the Italian government issued a “Nomad Emergency Decree” granting emergency powers to local prefects to adopt measures targeting Roma living in so-called nomad camps. In May 2009, the state of emergency was extended to the end of 2010, and expanded to cover the Piedmont and Veneto regions.

In July 2009, the Italian parliament adopted Law 94/2009 on Provisions Relating to Public Safety—the “Security Package”—criminalizing irregular entry into Italy and staying without a valid residence permit.

The implementation of the 2008 Nomad Emergency Decree and the 2009 Security Package has resulted in the persecution of Roma and Sinti populations throughout Italy, in violation of European Union law and international human rights law. At the same time, the EU Fundamental Rights Agency has singled out Italy for failing to provide proper accommodation for Roma and for failing to take any measures to prepare for arrivals from new EU member states.

The 2008 Emergency Decree has been used to conduct a census of Roma in Italy by fingerprinting and photographing them, and the creation of a Roma database. According to the Ministry of the Interior, during the first year of the “Emergency,” 167 Roma camps were subjected to the census, and identity checks were performed on 12,346 people of which 5,436 were minors. Although the Ministry published supposedly final results of the census in October 2008, the census has continued through 2009 and 2010. The Italian government has not made clear what has happened to the sensitive information that was collected, and what they will do with it.

Prefects have used the 2008 Emergency Decree to conduct forced evictions. In winter 2009 the Prefect of Rome bulldozed the largest nomad camp in Rome, Casilino 900, leaving 1,000 Roma homeless. Pisa forcibly closed camps in January 2010, paying 500 euro to Roma who agreed to go to Romania. In Milan, approximately 70 evictions of authorized and unauthorized camps took place in the first six months of 2010, leaving many children unable to attend school.

The 2009 Security Package authorizes fines ranging from €5000 to €10,000 for unauthorized stay in Italy, and provides that failure to comply with expulsion orders is punishable by a sentence of one to four years’ imprisonment. The law also allows state authorities to detain undocumented migrants for up to six months before they are expelled from Italy. The Security Package builds on previous changes to Italian immigration law, which introduced criminal sanctions against migration, increasing sentences for crimes committed by migrants, creating a new crime of renting accommodation to undocumented migrants, and authorizing the expulsion of EU citizens who are sentenced to more than two years’ imprisonment for commission of a crime.

The decision by France in August 2010 to expel thousands of Roma and to return them to Bulgaria and Romania led to a swift response by the Italian government, which indicated that it wanted permission from the Commission to commence mass deportations of EU citizens who do not have employment. In outlining his request, Minister of the Interior Roberto Maroni stated that Italy would be “tougher than Sarkozy” and expressed his regret at being unable to expel Roma who were Italian citizens, demonstrating the motive behind the new initiative.

Justice Initiative Involvement

The Open Society Justice Initiative, together with the European Roma Rights Center (ERRC) and the Italian nongovernmental organization osservAzione, has requested the European Commissioner for Justice, Freedom and Security and the European Commissioner for Employment, Social Affairs and Equal Opportunities to commence infringement proceedings against Italy for violations of EU law and fundamental rights.

Arguments

Both the 2008 Emergency Measures and the 2009 Security Package breach EU law and human rights law, including the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights.

The Roma Database. The creation of a “Roma database” by collecting and processing sensitive ethnic data only of Roma violates Article 8(1) of the EC Data Protection Directive, which prevents the collection of information about race without an objective and proper safeguards.

Racial Discrimination. The 2008 Emergency Measures single out Roma for special treatment with no justification, amounting to discrimination against a vulnerable minority group, in breach of the EU Racial Equality Directive, as well as the ECHR and the EU Charter of Fundamental Rights.

Expulsions. The expulsion of EU citizens violates the Freedom of Movement Directive, which restricts expulsions to cases where the conduct represents a genuine, actual, and serious threat against the fundamental interests of society, and following individual consideration of the case.

Timeline

May 2008. Nomad Emergency Decree and implementing ordinances introduced.
May 11, 2008. Italian Minister of the Interior Roberto Maroni calls for the dismantling of Roma camps and for their inhabitants to be expelled or incarcerated.
June 6, 2008. Sixty police officers conduct a census of the Campo Via Impastato, beginning the census process in Milan.
July 17, 2008. Following exchanges with the European Commission, the Italian government introduces implementing guidelines that instruct the prefects not to specifically target Roma, while continuing the census against “nomadi.”
April 29, 2009. Memorandum delivered by the Justice Initiative, ERRC, and osservAzione to European Commissioners Barrot and Špidla.
August 2010. Roberto Maroni asks for permission from the European Commission to commence deportations of Roma.
November 2010. Updated memorandum submitted to the European Commission.

Resources

Case Documents (download below)
Memorandum to the European Commission, Justice Initiative, ERRC and osservAzione, May 4, 2009.
Update to the European Commission, Justice Initiative, October 2010. (English and Italian)

Related Cases
Omerovic and Others v. Italy
Bagdonavichus v. Russia 

Links
European Roma Rights Center
osservAzione
EveryOne Group

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