Foreigners (In Italy)

FOREIGNERS (IN ITALY). — Foreigners are admitted to enjoy in Italy the civil rights accorded to citizens, subject to reciprocity; this principle is to be considered applicable (save for special provisions) also to juridical persons.

While they are in the State, they are subject, as temporary subjects, to the criminal, police, and public-security laws in general; they may, in certain cases, incur criminal liability also for offences committed abroad; they may be expelled (with freedom to choose their destination) or extradited (by surrender to the authorities of another State); extradition for political offences is excluded, however. They may enjoy the “right of asylum” within the territory of the Republic if, in their own country, they are prevented from exercising the democratic freedoms guaranteed by the Italian Constitution (Constitution, art. 10).

By special convention, diplomatic protection, which by its nature is limited to citizens, may be extended to nationals of another State in the territories of third States. In financial matters, special provisions are often issued for individual taxes on the property of foreigners in Italy. Former citizens retain (in addition to the obligation, in certain cases, of military service) the duty of allegiance, with the related consequences for criminal purposes.

Particular guarantees, whose objective and subjective scope is not always undisputed, belong to members of diplomatic representations, by virtue of international customary and conventional rules, and, more recently, to members of certain offices of international entities or organs. Foreigners holding Catholic ecclesiastical offices in Rome enjoy the same personal guarantees as citizens (Lateran Treaty, art. 19).

BIRL.: F. Pergolesi, Dir. costituzionale, 8ª ed., Bologna 1952.