As the firm has offices in Rome and Milan, we have focused our inquiry on these two cities. We have completed a chart on prohibited conducts for each city, attached to this note at Annexes I and II.In general, we have not found the Italian legal system to foster the criminalisation or penalisation of the homeless (in Italian, "senza fissa dimora" or "senza tetto"). Free circulation is set out at article 16 of the Italian Constitution as a fundamental right, subject only to limitations set out at law on grounds of public health or safety. The legal system also provides for affirmative action on the side of the public sector, which must allow the homeless to appoint a residence within their territory to allow them to access fundamental public services.
Under Italian law, each Municipality has the authority to issue orders or take measures necessary to safeguard public security and/or public health. It may be the case that different Municipalities take different positions towards the homeless or their patterns of conduct. Subject to minor differences, we have found that Milan and Rome show substantial tolerance for the homeless, both in the enactment and implementation of legal provisions. The stance taken elsewhere may be different, especially in smaller towns or areas affected by higher rates of immigration.
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