San Marino-Italy

Bilateral in force

INTRODUCTION

San Marino, a landlocked microstate encircled by Italy, has historically nurtured strong ties with its larger neighbour due to their close geographic and cultural connections. These ties were formalised in 1862, just one year after Italy’s unification, with a treaty of friendship and the establishment of a customs union.

In 1939, the relationship deepened with the Convention of Friendship and Good Neighbourliness. This agreement bolstered administrative cooperation and, importantly, introduced the free movement of persons between the two countries. Article 4 of the Convention stipulated that citizens of each state could enter the other to pursue any industry, trade, profession, or art, and could also access public employment on equal terms with nationals of the host state.

However, in 1968, the scope of this free movement was significantly revised. On 6 March, an exchange of letters restricted the settlement of Italian nationals in San Marino, as it was agreed that San Marino had legitimate concerns regarding uncontrolled migration into its territory. Meanwhile, San Marino citizens retained their unrestricted right to settle in Italy.

Today, Italian authorities regard San Marinese nationals as equivalent to European Union citizens for entry and residence purposes (see Circular No. 39 of 18 July 2007 (in Italian)). Although the 1939 Convention does not confer extensive rights upon San Marinese citizens in Italy, the equal treatment of EU citizens guarantees access to essential rights such as healthcare, education, and family reunification.

It is worth noting that Article 20 of the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino stipulates that each EU Member State shall treat San Marinese nationals employed on its territory equally to nationals of that specific state. However, the Agreement does not grant a right of residence or access to the labour market as such.

San Marino maintains another bilateral arrangement with France and has made unsuccessful attempts to negotiate similar agreements with several European states, including Belgium, Germany, Luxembourg, Spain, and the United Kingdom (see here in Italian).

On December 12, 2023, the European Union concluded an Association Agreement with the microstates of Andorra and San Marino, thereby involving the countries participating in the regime discussed here. The Agreement aims to strengthen political and economic cooperation between the EU and the two countries. It also provides for the free movement of workers and non-economically active individuals between EU Member States and Andorra and San Marino (see Art. 14 Association Agreement and Annex V Associated State Protocol). However, recognising their limited size and capacity, both microstates retain the right to impose restrictions and quotas on movement. In April 2024, the European Commission adopted proposals for Council decisions regarding the conclusion of the Association Agreement between the EU and Andorra and San Marino. The agreement is still pending ratification.

STATE PARTIES

ITALY
SAN MARINO

TIMELINE

1939	The freedom of movement for persons is established between Italy and San Marino through the Convention of Friendship and Good Neighbourliness on the 31st March.
1968	By way of Exchange of Letters on 6 March, it is agreed that Italian nationals are not permitted to freely reside in San Marino. San Marinese nationals maintain the right to reside freely in Italy.

KEY LEGAL DOCUMENTS

Convention of Friendship and Good Neighbourliness between Italy and San Marin o, 31 March 1939. Entered into force on 30 September 1939 [Convenzione di amicizia e di buon vicinato fra l’Italia e la Repubblica di San Marino]

Additional Agreement to Convention of Friendship and Good Neighbourliness between Italy and San Marino, 6 March 1968. Entered into force on the same date. [Accordo Aggiuntivo Convenzione di amicizia e di buon vicinato fra l’Italia e la Repubblica di San Marino]

ADDITIONAL LEGAL DOCUMENTS

Circular of the Ministry of Internal Affairs No. 39 of 18 July 2007 [Circolare N. 39 del Ministero dell'Interno del 18 luglio 2007].

Law 06/28/10 n.118 - Law on the entry and stay of foreigners in the Republic of San Marino [LEGGE 28/06/10 n.118 - Legge sull'ingresso e la permanenza degli stranieri in Repubblica].