Overview

• Italy’s Corte di Cassazione raised a constitutional challenge to a March decree that lets authorities keep a person in a repatriation center for up to 48 hours after a judge declines to validate detention.
• The court said the rule may breach multiple constitutional protections by allowing continued confinement after non‑convalidation and by creating unequal limits on liberty for people inside centers.
• The incidente di costituzionalità stems from the case of a Senegalese man moved from Gjader in Albania whose first detention was not validated, then followed by a fresh order in Italy that his lawyers contested.
• The Cassazione rejected the detainee’s request for immediate release but transmitted the case to the Constitutional Court, also notifying the government and the presidents of the Chamber and Senate.
• Political reactions split, with PD’s Alessandro Zan calling the move a defense of rule‑of‑law principles and Fratelli d’Italia’s Sara Kelany denouncing what she described as an ideological ruling.