The provisions relative to the entitlement of aliens to civil rights set forth in Art. 16 “Preleggi” of Legislative Decree 286/1998 (Consolidated Law of the provisions concerning the regulation of immigration and the condition of the alien) and in its relative implementing decree (Decree of the President of the Republic N. 394 of 31 August 1999) also apply to matters relative to compensation for damages.
The scope of application of this principle to individuals remains the same as the one contained in the introductory page of this section. In addition, the existence of a condition of reciprocity does not necessarily have to be confirmed in the case an injured alien belongs to one of the States with which Italy has signed Civil Liability Cooperation Agreements that include compensation for damages.
According to the established interpretation, it is not necessary to verify the existence of the condition of reciprocity in case of the violation of fundamental individual human rights – the right to life, to safety and health – insofar as they are enshrined in the Constitution and should not be limited by the aforesaid article. They should therefore apply to all individuals, excluding any disparity of treatment whatsoever, independently from citizenship (whether Italian, of a European Member Country other than Italy or of a non-EU Country). On the basis of this interpretation therefore, it is possible to avoid verifying the existence of the condition of reciprocity in case of biological and moral damage – in case the latter engenders a pathology or originates from a biological damage – because they violate their entitlement to health, a fundamental human right sanctioned under Articles 2 and 32 of the Constitution.
As for the alien’s access to the Guarantee Fund for road traffic accident victims, according to prevailing interpretations, it is thought to be sufficient to verify the existence, in the legal provisions of the State of belonging of the alien damaged, of a compensation system substantially similar to the one required in Italy, independently from whether there is a comparable Guarantee Fund or not.
It is hereby notified that the information provided under this section has no legal value and is to be exclusively interpreted as a rough indication.