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Regional Jurisdiction

Art. 117, section 2, of the Constitution attributes exclusive jurisdiction to the State with regards to immigration. Therefore, the State is responsible for defining the legal status of citizens of Countries not belonging to the European Union, more specifically the aspects pertaining to policies planning the flow of entry and stay within the national territory (Constitutional Court Ruling no. 134 of 2010) and the legalization of illegal foreigners (Constitutional Court Ruling no. 201 of 2005).

Nevertheless, the Regions also have a role in the state jurisdictions and the possibility of legal interventions concerning immigration, that fall under their jurisdiction: social assistance, education, health, housing.

The Regions are also delegated, under Article 3 section 5 of the Consolidated Immigration Act (Leg. Decree 286 of 25 July 1998), with the adoption of measures aimed at removing obstacles that actually prevent the full recognition of the rights and interests of foreigners within the State’s territory, particularly those inherent to housing, language and social integration, in compliance with basic human rights.

The Regions are also responsible for governing the rights to participate in community life (Constitutional Court Ruling no. 372 and 379 of 2004) and the Councils for social integration of foreign citizens (Constitutional Court Ruling no. 300 of 2005).