Starting from July 1st 2013 Croatia joined the European Union,
becoming the 28th Member State.
Starting from that date the enforced measures, foreseen by the
Legislative Decree nr. 30 dated February 6th 2007, for free
circulation within the European Union territory become
applicable to Croatian citizens.
For what concerns the access to the employment market, under the
Treaty of attendance, for the first 2 years following the
attendance (and eventually for other 3 years) to the Member States
is given the chance to continue to apply national measure
or bilateral agreements to rule the access of Croatian
citizens to its employment market, disregarding articles from 1 to
6 of the EU Rule nr. 492/2011 (so called "temporary
The Italian Government, similarly to other EU
Countries, has decided to apply the temporary
measures, for the first 2 years, before completely
liberalizing the access of Croatian citizens to the subordinated
This access, saved exceptions foreseen for sectors completely
liberalised, is therefore subject to the application of the
"no impediment" to work to be submitted within
the maximum number of employees stated by a contingent decree.
For the above mentioned, on July the 2nd, the Italian
Home Office jointly with the Ministry of Employment have issued a
Circular Message ruling the access of Croatian citizens to the
Italian employment market.
The "non impediment" form will not be
needed, clarifies the Circular, for Croatian citizens
being legally employed at July
admitted to the Italian employment market for a period of
at least 12 months.
The above mentioned limitations are applicable only to
employees, while they are not applicable to self-employed workers,
who will not need any more to have a "non impediment"
Some employees are, in any case, excluded from the above
limitations: the foreign workers who, under article 27, paragraph 1
of the Legislative Decree nr. 286/1998, can enter Italy
independently from the maximum number foreseen by the contingent
measures. This liberalization is not applicable to specialised
workers relocated in Italy (article 27, letter G) also if relocated
under a contract/tender (article 27, letter L). In these cases the
"non impediment" form is still needed and can be
The application will follow a simplified procedure and there
will be no need to subscribe a residence permit for:
Researchers (article 27-ter);
Highly qualified workers who, under article 27-quarter, can
obtain the so called "Blue EU Card";
The above mentioned employees are free to access to the domestic
employment market without limitations.
Therefore employers who intend to hire Croatian employees
belonging to one of the above mentioned categories, will have to
follow only ordinary fulfilments foreseen by the enforced
employment laws, submitting the hiring communication to relevant
authorities under the rules stated by the Ministry of Employment
and Social Policies Decree dated October 30th 2007.
Applications for "non impediment forms" already
submitted to authorities pertaining liberalised categories will be
set aside ad any regularization's procedure.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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