Overview

• The Supreme Court’s first criminal section deemed the constitutional question relevant and not manifestly unfounded and formally opened an incidente di costituzionalità.
• The judges state that asylum seekers must be released immediately when detention is not validated, rejecting the March 28 decree’s allowance of up to 48 hours to issue a new order while the person remains in a CPR.
• The contested rule is alleged to violate six constitutional articles and to create unequal treatment for people held in repatriation centres.
• The court dismissed the individual appeal but referred the issue to the Constitutional Court, sending notices to the Prime Minister’s office and the presidents of the Chamber and Senate.
• The case involves a Senegalese man transferred to Gjader with non‑validation in Rome on July 4 and a new detention order in Bari on July 5, exemplifying the re‑detention mechanism now under scrutiny.