Residence in Italy during transition period
This post sets out the rules for British citizens already resident in Italy, and also aims to give some guidance for those hoping to apply for residence in Italy during the post-Brexit transition period. The UK ended its membership of the EU on 31st January 2020, under the terms of the Withdrawal Agreement concluded on 19th October 2019. We are currently in the transition period, during which time all EU law is still binding in the United Kingdom and applies to British citizens resident in Member States. The transition period is due to...
read moreDecreto Flussi – when are we likely to know the 2020 quota?
Every year the Ministero dell’Interno issues the Decreto Flussi, which is the quota of how many non-EU citizens are allowed to enter Italy to carry out seasonal subordinate work, self-employed work and non-seasonal work from eligible countries. In 2018, the Decreto Flussi quotas were already available in January, with the application being submitted on 31st January 2018. In 2019, they were released on 24th April 2019. 30,850 workers were allowed to enter of which 18,000 were seasonal workers. Many of these worked in agriculture. Among the...
read moreSuspension continues of courts and administrative procedures
By way of update to our previous articles, we confirm that the suspension of Italian court deadlines and all administrative procedures, has been extended by a further month, to further contain the spread of the COVID-19 epidemic (Link to legislation Decreto Legge n. 23 of 8th April 2020.) The suspension was previously ordered up to 15th April 2020. The period of suspension of deadlines in all court proceedings, whether civil, criminal, administrative, tax, or military, now continues up to the date of 11th May 2020....
read moreParental rights in a time of national emergency
The enforced distance between separated parents and their children has obviously been problematic for many families in this emergency situation. The Court of Bari ruled on 26th March 2020 that visting rights of a father with his child, who is resident in another Comune in Puglia, should be suspended. The court observed that the national lockdown measures which had been imposed by the government on movement around Italy in Article 1(b) of D.P.C.M. 22nd March 2020, should be applied rigorously and universally, even if this meant sacrifices...
read moreGuidance on Wills for British citizens abroad
Drawing up a Last Will and Testament where there is an international factor is particularly challenging. This post aims to provide straightforward guidance on wills for British citizens who find themselves outside the United Kingdom at this unprecedented time of the global health pandemic. We are aware that people are unexpectedly facing the question of “worst case scenario” and want to ensure their property and families are protected in case of unexpected death or incapacity. This guidance on wills may be useful for employees...
read moreSuspension of citizenship and immigration applications
The suspension of ongoing administrative procedures, and the extension of deadlines or expiry dates, was formalised by decree dated 17th March 2020, n.70 (more commonly referred to as ‘Decreto Legge Cura Italia’) in response to the COVID-19 epidemic. LINK TO DECRETO: https://www.gazzettaufficiale.it/eli/id/2020/03/17/20G00034/sg By administrative procedures we are referring to applications made to “public authorities” in Italy. This article does not cover administrative proceedings (ie legal proceedings challenging decisions of...
read morePrivate Foundations and the growth of the “terzo settore”
The name “terzo settore” refers to the sector of institutions and legal entities in Italian society which are not connected to either corporate enterprises or to the state. This so-called “third sector” is made up of organisations such as private foundations that are non-profit making (“senza scopo di lucro“) and is gradually replacing the diminishing contribution that the state makes to the welfare of its citizens and the preservation of cultural and historic heritage. In Italy since the 1948 Constitution...
read moreSuspension of the courts continues up to 15th April 2020
The streets of Rome are eerily silent now as the country waits for news daily from the Protezione Civile hoping for reassurance that the numbers of those affected by the epidemic are starting to decrease. Now three weeks into the lock-down of Italy, this article updates our previous article of 9th March to take into account the constant stream of new government guidelines and emergency legislation in relation to legal services. It is business as usual for many key workers in essential industries in Italy, thanks to new innovative ways of...
read moreCourt hearings suspended until 22nd March 2020
No need for panic! Life in Italy is going on almost as normal for most of us at the moment, despite the fact that since 10th March the country is on government-ordered lock-down because of COVD-19. We are just trying to keep healthy and look after our loved ones with a few extra precautions to avoid catching any unwanted germs, and hoping that these measures help restore normality. In our daily work as lawyers there is some obvious unexpected upheaval and we will have to assess on a case by case basis how we should advise our clients to...
read moreInheritance law and estate planning in Italy
There are common misconceptions about inheritance law and estate planning in Italy and what type of will should be made by international residents or property owners, whether a will should be made at all, or whether different wills should be drawn up in every country. There is however no one-shoe-fits-all rule. Advice may differ, and there may be more than one potential solution. Considerations that need to be made include: the persons’ wishes; the next of kin ie spouse, children, siblings, parents where they are resident and/or...
read moreStatute of Limitations
One of the most urgently needed reforms of the Italian criminal justice system is to the Statute of Limitations or the rules on “prescrizione” which determine the date by which a criminal offence can no longer continue to be prosecuted if no verdict has been reached. Legge n. 3 del 9 gennaio 2019 was introduced by the Justice Minister Bonafede of the Five Star Movement and came into force in January 2020. Its main provision would suspend the limitation period once a verdict in the first instance court had been reached. In other...
read moreBREXIT IS REALITY…
The European Union (Withdrawal Agreement) Act became law on 23rd January. The next step will be for the withdrawal agreement to be ratified by the European Parliament, scheduled for 23rd January. The UK is then due to leave the EU on 31st January 2020 under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19th October 2019, and from that date British nationals will no longer be able to enjoy the benefits of being EU citizens. Although the Withdrawal Agreement provides that the transition period (due to end on 31st...
read moreO&P reflections from 2019
We would like to take a moment to reflect on our achievements and developments over the last 12 months before moving onto our new goals for the year to come. 2019 saw the start of the dynamic EU Commission project EULawinEN in which Charlotte Oliver took on the role of trainer of Notaries and Judges in Italy, Bulgaria and Hungary, developing knowledge and shared experience in European inheritance, family and property law. First week of training in Rome at the Fondazione Italiana del...
read moreClimate change legislation
In October the Italian government published the “Decreto Clima” Climate Bill (Decreto legge n. 111 14/10/2019) with which it intends to implement, within 60 days, and invest 450 million Euro, a strategic national programme to tackle climate change and the improvement of air quality, heralding the new legislation as the most ambitious in Europe. The provisions of the new legislation include: Bonus of 1500 Euro for scrapping cars up to Euro 3 Bonus of up to 500 Euro for two speed motorcycles 40 million Euro to the Comuni for car...
read moreStep Europe Conference 2020 – Vienna
Charlotte Oliver will be representing Step Italy at the Annual Conference of Step Europe in Vienna in February 2020. Charlotte has been a member of the Society of Trusts and Estates Practitioners since 2018. She will be joining a panel of private client lawyers and practioners from around Europe to discuss Cross Border Planning, in particular with reference to private foundations. Other topics on the Agenda for the Conference will include the Lasting Power of Attorney, Mobility for International Clients and Digital Estates. List...
read moreUK Visa Applications
If you are a national of a country outside the EEA, and not sure whether you need a visa to travel to the UK you can check the Home Office website, the rules do change from time to time and will depend on the purpose of your stay. https://www.gov.uk/check-uk-visa/y The way UK Visa applications are now being submitted, processed and considered has changed this year. Prior to 28th January 2019, applications from Italy were sent by post and appointments were made at the British Consulate in Rome. From this year, all UK visa...
read moreNo-deal or new-deal – the effect on applications for Italian citizenship
Further to our May article ‘No Deal’ Italian Law Effect on Italian Citizenship Applications, we remind our British citizen clients that if they intend to apply for Italian citizenship it is advisable that they lodge their application before 31st October. With new UK Prime Minister Boris Johnson saying in his first speech as Prime Minister that the UK ‘will come out of the EU on 31 October, no ifs or buts’ and ‘we will do a new deal, a better deal’, the currently predicted Brexit date of 31 October seems ever...
read moreCaptain Carola Rackete and the migrant crisis
Carola Rackete, a sea captain who works for the German sea rescue organisation ‘Sea Watch’ was arrested on 29th June for docking a migrant ship without authorisation from officials at the port of Lampedusa, and for ramming into and allegedly attempting to sink an Italian Guardia di Finanza patrol boat. On 12th June, Rackete had taken on board 53 migrants from the Libyan coast. She rejected the offer to dock at Tripoli as it is deemed unsafe by humanitarian organisations and as such she headed towards Lampedusa in Italy. According to...
read moreOliver & Partners move to new office
Oliver & Partners are moving office! From 2nd September 2019 our new address will be: Studio Legale e Tributario, Piazza Capranica 78, (3rd Floor) Rome 00186 ITALY Tel: + 39 06 69190603 or + 39 06 3614115 Email: legal@oliverpartners.it The office is located in the centro storico between the Pantheon and the Italian Parliament. There is little availability for parking in the centre so travel by car is not advised, but there are many bus connections and we are a short walk from bus stops at Piazza Colonna/Via del Corso or Largo...
read moreClaims to Italian citizenship through maternal line
Descendants of female Italian citizens who left Italy in the late 19th century and the early part of the 20th century have been hampered in their quest for an Italian passport by the 1912 law on Italian citizenship. The Italian Law (Legge no. 555 of 1912) provided that an Italian woman would automatically lose her Italian citizenship either on marriage to a foreign national husband or if her Italian husband naturalised, ie took up a new nationality having emigrated from Italy. The Italian wife was deemed to automatically acquire the new...
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