Overview

• On July 3 the Constitutional Court declared that current CPR detention procedures violate Article 13’s guarantee of personal liberty.
• Court of Appeal rulings in Sassari and Cagliari have already ordered the release of migrants, and dozens of nationwide appeals have been filed challenging detentions.
• Magistratura Democratica guidance has instructed judges to suspend convalidation proceedings and raise constitutional questions in CPR cases.
• In its July 8 decision (sentence 101/2025) the court affirmed that administrative detention of NGO rescue ships under the Piantedosi decree is lawful, precise and proportionate.
• Interior ministry sources confirm that primary legislation is being drafted to establish constitutionally compliant modalities for migrant detention in CPR centers.