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Italy: Constitutional Court Finds Sick Leave Limit for Public Employees Discriminatory

(Apr. 23, 2021) On March 3, 2021, the Italian Constitutional Court declared that a law limiting the sick leave available to seriously ill public employees is unconstitutional. The court found that the law is unreasonable because it sets an 18-month maximum amount of sick leave for an inability to work caused by an illness itself […]

Italy: Implementation of EU Legislation on Arrest Warrants

(Mar. 9, 2021) On February 2, 2021, Italy issued Legislative Decree No. 10 (L.D. No. 10) amending domestic legislation to implement a European Union (EU) standard related to the European Arrest Warrant. General Provisions on the Implementation of the EU Arrest Warrant Under the new legislation, the implementation of EU provisions for EU arrest warrants […]

Italy: Supreme Court Rules on Relevance of Public Policy in Arbitration

(Feb. 19, 2021) On January 18, 2021, the Italian Supreme Court issued Decision No. 1788 concerning the grounds for invalidating a domestic arbitral award based on public policy considerations. Background of the Case A petitioner requested the Italian Supreme Court to overturn a decision by the Appellate Court of Ancona, which had rejected his petition […]

Italy: Fines Updated, Auto Tax Refund Scheme Created Under New Traffic Code

(Feb. 18, 2021) On December 31, 2020, Italy’s Ministry of Justice issued a Decree updating the fines established for violations of the Traffic Code. The Decree became effective on January 1, 2021. (Decree, art. 3.) Indexing of Fines for Traffic Violations The new legislation updates the amounts of the administrative pecuniary penalties established under article 195(3) […]

Italy: New Law Contains Measures on Visas, Territorial Waters, Virtual Proceedings in Drug Trials, and Refugee Centers

(Jan. 22, 2021) On December 20, 2020, Italy’s government issued Law No. 173 of December 18, 2020, which contains new measures concerning visas, vessels in territorial waters, virtual proceedings in drug trafficking prosecutions, and refugee center security and detainee welfare. New Provisions on Student Visas, Resident Visas for Refugees The new legislation allows foreign students who […]

Italy: Education Ministry Reorganized

(Jan. 14, 2021) On December 29, 2020, a Decree of the President of the Council of Ministers of Italy approving the Regulations on the Organization of the Ministry for Universities and Research entered into effect, significantly reorganizing the country’s education ministry. Ministry Divided into New Directorates-General  The new legislation overhauls the structure of the Ministry […]

Italy: Constitutional Court Limits Drug Searches Conducted Without Judicial Authorization

(Jan. 5, 2021) On November 26, 2020, the Italian Constitutional Court declared unconstitutional a provision in Presidential Decree No. 309 of October 9, 1990, that allows police to conduct searches and seizures in illegal drug cases without previous authorization from a magistrate. (Decision No. 252 of November 26, 2020  (in Italian).)  Article 103, paragraph 3 […]